Legal analysis: before applying for a patent, the application materials should be prepared in accordance with the regulations. Different types of patents have different methods of preparing materials. The application documents for patents for inventions, utility models and designs are clearly stipulated respectively. China's patent law stipulates that the technical scheme in the specification must be clear and complete, on the premise that the technical personnel in the technical field can implement it smoothly, that is, the patent must be fully disclosed. In some patent applications, due to the applicant's reservations about the key issues in the technical scheme, the patent application lost its patentability and was rejected by the Patent Office. However, if it is really necessary to keep a technical secret, at least one way or embodiment can realize the invention and creation on the basis of complete and necessary technical characteristics, and another better characteristic way should be kept as a technical secret. This needs to be judged according to the specific problems of the enterprise.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.