Technical problems in patents

Hello, this depends on whether your instructions record specific technical features.

Article 19 of the Detailed Rules for the Implementation of the Patent Law stipulates that the patent claim shall record the technical features of the invention or utility model. In other words, it is necessary to record not only what problems are to be solved, but also how they are realized.

Paragraph 3 of Article 26 of the Patent Law stipulates that "the description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization by technicians in their technical fields". It is stipulated in the Patent Examination Guide that "the specification only gives tasks and/or ideas, or only shows a desire and/or result, but does not give any technical means that technicians in this technical field can implement", which is considered as the lack of technical means to solve technical problems and the technical scheme cannot be realized.

In addition, Article 33 of the Patent Law stipulates that "the applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specification and claims".

You can reply like this, if you say that the book records what technical means are used to realize it, just add them to the claim; If there is no record, if the technicians in this field can realize your technical scheme, solve technical problems and produce expected results after reading your instructions, you can explain the reasons; If it is not recorded, and the technicians in this field can't reproduce your plan, there is no way. Unclear and incomplete instructions and insufficient publicity are substantive defects, which cannot be improved by reply and modification (the modification cannot exceed the scope recorded in the claims and instructions in the application documents submitted by you).

I hope it helps you!