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, subject to the realization of the technical personnel in the technical field. A clear and complete description of the invention or utility model in the specification should reach the level that technicians in the technical field can reach. In other words, the description should meet the requirements of fully disclosing the invention or utility model.
In the patent examination guide, the description of the patent is as follows:
1 Qing Chu
The contents of the manual should be clear, and the specific requirements are as follows:
(1) The theme is clear. The description should clearly reflect what the invention or utility model wants to do and how to do it from the existing technology, so that the technical personnel in the technical field can accurately understand the theme of the invention or utility model. That is to say, the specification shall specify the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model relative to the existing technology. The above technical problems, technical solutions and beneficial effects shall be compatible with each other, and there shall be no contradiction or irrelevance.
(2) accurate expression. The specification shall use technical terms in the technical field to which the invention or utility model belongs. The specification shall accurately express the technical content of the invention or utility model, and shall not be vague, so that technicians in their technical fields cannot clearly and correctly understand the invention or utility model.
2 Perfect
A complete description shall include all technical contents required for understanding and realizing the invention or utility model.
A complete manual should include the following contents:
(1) helps to understand the indispensable content of an invention or utility model. For example, description of technical field and background, and description of drawings when there are drawings in the specification.
(2) Determine that the content required by the invention or utility model is novel, creative and practical. For example, the technical problem to be solved by the invention or utility model, the technical scheme adopted to solve the technical problem and the beneficial effect of the invention or utility model.
(3) the content needed to realize the invention or utility model. For example, the specific implementation of the technical scheme adopted to solve the technical problems of the invention or utility model.
For the invention or utility model that has overcome the technical prejudice, the specification shall also explain why the technical prejudice has been overcome, the difference between the new technical scheme and the technical prejudice, and the technical means adopted to overcome the technical prejudice.
It should be pointed out that all relevant contents that the technicians in this technical field cannot directly and uniquely draw from the prior art should be described in the specification.
3 can be achieved
It means that the technical personnel in the technical field can realize the technical scheme of the invention or utility model according to the contents recorded in the manual, solve its technical problems and produce the expected technical effect.
The specification shall clearly record the technical scheme of the invention or utility model, describe the specific mode of the invention or utility model in detail, and completely disclose the technical contents necessary for understanding and realizing the invention or utility model, so as to reach the degree that technicians in their technical fields can realize the invention or utility model. If the examiner has reasonable reasons to question that the invention or utility model does not meet the requirements of full disclosure, he shall ask the applicant to clarify it.
Due to the lack of technical means to solve technical problems, the following situations are considered impossible:
(1) Only tasks and/or ideas are given in the specification, or only wishes and/or results are indicated, and no technical means are given to enable technicians in the technical field to realize them;
(2) The technical means are given in the manual, but for the technicians in this technical field, the means are vague and cannot be implemented according to the contents recorded in the manual;
(3) Technical means are given in the specification, but the technical problems to be solved by technicians in this technical field cannot be solved by this means;
(4) The subject matter of the application is a technical scheme consisting of a variety of technical means, one of which can not be realized by technicians in this field according to the contents recorded in the manual;
(5) The specific technical scheme is given in the specification, but no experimental evidence is given, and the scheme can only be established if it is confirmed by the experimental results. For example, for inventions with new uses of known compounds, in general, it is necessary to give experimental evidence in the instructions to prove their stated uses and effects, otherwise it will not meet the achievable requirements.
Therefore, the authorized patent must fully disclose the technical process. If the disclosure is insufficient, a request for invalidation may be made on the grounds of insufficient disclosure.