What does the third paragraph of Article 26 of the Patent Law mean?

Hello, Article 26 of the Patent Law. When applying for a patent for invention or utility model, the applicant shall submit the request, specification, abstract, patent right and other documents.

The request shall specify the name of the invention or utility model, the name of the inventor or designer, 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 indicate the scope of patent protection.

How to consider the third paragraph of Article 26 of the Patent Law mainly includes time and content: (1) In terms of time, the publication date of cited non-patent documents and foreign patent documents should be before the filing date of this application, and the publication date of cited China patent documents should not be later than the publication date of this application; (2) Content: If the cited content is a necessary part of realizing the invention, the description and the cited content should be combined into a whole. If it is difficult to combine the cited contents with the contents recorded in the manual to solve the technical problems and achieve the expected results, it should be considered that the manual does not fully disclose the invention.

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