How to avoid the writing loss of medical patent application

Several typical manifestations of writing loss caused by patent application in medical field 1. The most typical case of improper disclosure of instructions is "insufficient disclosure" of instructions. 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. In the review practice, the author encountered some typical cases of insufficient publicity in the medical field: inventing a new pharmaceutical compound, failing to record its raw materials, synthetic methods and prove its medical activity in the instructions; Inventing a new pharmaceutical composition without stating the ingredients and their contents in the preparation or proving its activity in the instructions; A new invention for medical use, the instructions only assert that it has a certain therapeutic effect, but do not provide methods and experimental results to prove the medical effect. 2. Improper generalization of the scope of the claim There are two typical cases of improper generalization of the scope of the claim: First, the generalized protection scope is too large, and too many superior concepts and functional technical features are used, which leads to the fact that the protection scope contains the existing technology and thus does not have the novelty and creativity as stipulated in Article 22 of the Patent Law, or leads to the lack of sufficient specific implementation support and thus does not meet the provisions of Article 26, paragraph 4, of the Patent Law. Second, the generalized scope of protection is too small, which is common in patent application documents written by researchers themselves. They keep the habit of painstakingly writing scientific papers, and limit the scope of protection of the claims only to the specific scope of implementation, without further reasonable generalization, thus losing the greater legitimate rights and interests they may obtain, so that others can safely bypass the scope of protection of their independent claims by slightly changing the technical scheme of the invention when implementing, thus not constituting infringement. 3. It is typical that the claim is unclear and concise: the subject of the claim is unclear, such as the examiner can't determine whether it is a product or a method because of the expression of "technology", "formula", "composition" and "pharmaceutical composition and its preparation method"; The technical features in the claim are not clear, such as "about", "about", "up and down", "etc.", nonstandard English abbreviations, brackets and so on. 4. The subject matter of the claim belongs to unauthorized content. Article 25 (1) (3) of the Patent Law stipulates that "methods for diagnosis and treatment of diseases" cannot be patented. The typical ideas of "treatment methods" that the author encountered in the review practice include: "methods to obtain analgesic effect, including administering drug A to human or animal", "methods to treat human or animal diseases with compound/composition A", "application of compound/composition A as medicine (therapeutic adjuvant, anesthetic)" and "methods to genetically modify living cells, including separating cells from living bodies, including. How to avoid writing loss 1 According to the background technology, the technical scheme is fully disclosed. In order to ensure that the technical scheme of the invention is novel and creative compared with the existing technology, we should fully search the relevant existing technology, introduce the background technology in detail in the specification, and introduce many references to facilitate the examiner to understand the invention content, which should be further based on it. First, judge whether keeping some technical points as technical secrets can still guarantee the patentability of the invention, and highlight the applicant's "invention points" in order to disclose the applied technical scheme in a targeted manner; At the same time, it is only necessary to disclose the specific technical scheme of the invention to the extent that it can be basically implemented (different from the requirements for application documents in the process of new drug approval), and it is best to give a variety of parallel choices, without pointing out which is the best scheme, and without completely exposing all technical details in the process, so as to "advance and attack, retreat and defend" and reserve a large room for manoeuvre for various changes that may occur in the audit process that often lasts for several years. 2. Comprehensively expand the scope of patent protection. It is suggested that the author should protect all technical topics that may be protected by patents as much as possible on the basis of ensuring the protection of the product itself. For example, he can request protection of new compounds, isomers, crystal forms of compounds, medical uses of new compounds, pharmaceutical compositions, suitable pharmaceutical dosage forms, preparation methods and other different types and levels of subjects at the same time. Experience has proved that adopting this writing strategy can leave considerable room for them to overcome the possible defects such as "no novelty, creativity" and "no support" in the future, thus ensuring their ultimate rights and interests.