In particular, the provisions on explanations and claims in Chapter II of Part II of the review guidelines.
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2? explain
Paragraph 3 of Article 26 of the Patent Law and Article 17 of the Detailed Rules for the Implementation of the Patent Law respectively stipulate that
The substantive content and writing method of the manual are specified.
2? 1 instruction should meet the requirements.
Paragraph 3 of Article 26 of the Patent Law stipulates that the specification shall contain information about the invention or utility model.
Make a clear and complete explanation with the new model, so that technicians in their technical fields can
This is to be achieved.
The description of the invention or utility model in the specification shall be clear and complete.
When it reaches the level that those skilled in the art can achieve. That is to say,
The specification shall meet the requirements of fully disclosing the invention or utility model.
Regarding the meaning of "technical personnel in technical field", the first paragraph of this part shall apply.
Chapter four, article two? The provisions of the fourth section.
The 26th Law? 3 2? 1? 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 the existing technology.
Knowing what to do and how to do an invention or utility model belongs to the technical field.
Technicians can accurately understand the main contents of the claimed invention or utility model.
Title. In other words, the specification should specify the problems to be solved by the invention or utility model.
Technical problems and technical solutions adopted to solve the problems, and compared with the existing technology.
Write down the beneficial effects of the invention or utility model. The above technical problems and technical aspects
Cases and beneficial effects should adapt to each other, and there should be no contradiction or irrelevance.
Situation.
(2) accurate expression. The description shall use the technology to which the invention or utility model belongs.
Technical terms in the field of surgery. The description in the specification shall accurately express the invention or practice.
With the new technical content, it is not allowed to be vague and ambiguous, so let the technology belong to it.
Those skilled in the art cannot clearly and correctly understand the invention or utility model.
New style.
The 26th Law? 3 2? 1? 2 Perfect
A complete description shall include an understanding and realization of the invention or utility model.
All the required technical content.
A complete manual should include the following contents:
(1) helps to understand the indispensable content of an invention or utility model. For example,
When the drawings are attached with the specification and the technical field and background of the specification.
Description of drawings, etc.
(2) determining that the invention or utility model is novel, creative and practical.
What you need. For example, the technical problems to be solved by the invention or utility model,
The technical scheme and invention or utility model adopted to solve its technical problems are beneficial.
Effect.
(3) the content needed to realize the invention or utility model. For example, to solve the problem of hair.
The specific implementation of the technical scheme adopted by Ming or utility model
Way.
For an invention or utility model that overcomes technical prejudice, the specification shall also
When explaining why the invention or utility model overcomes the technical prejudice, the new technology
The difference between technical scheme and technical prejudice and the technology used to overcome technical prejudice
Surgical means.
It should be pointed out that people in the technical field cannot learn from the existing technology.
The relevant contents directly and exclusively obtained in the manual shall be described.
The 26th Law? 3 2? 1? 3 can be achieved
Can be realized by technicians in the technical field, which refers to the technical field.
Technicians can realize invention or utility according to the contents recorded in the manual.
A new technical scheme to solve its technical problems and produce the expected technology.
Effect.
The specification shall record in detail the technical scheme of the invention or utility model.
A detailed description of the specific implementation of the invention or utility model and a complete disclosure.
Understand and realize the necessary technical content of the invention or utility model, achieve
Those skilled in the art can realize the method of invention or utility model.
Degree. If the examiner has reasonable reasons to question that the invention or utility model has not been realized,
For the requirements of full disclosure, the applicant shall be required to clarify.
Due to the lack of technical means to solve technical problems, consider the following situation.
Unable to achieve:
(1) Only tasks and/or ideas are given in the specification, or only one wish is indicated.
And/or results without giving any information that will enable those skilled in the art to recognize.
Technical means of application;
(2) The technical means are given in the specification, but the technology in this technical field is
Personnel, which means vague, can't follow the contents of the manual.
Specific implementation;
(3) technical means are given in the specification, but technical personnel in the technical field.
In this way, engineers can't solve the technology to be solved by the invention or utility model.
Problems;
(4) The application subject is a technical scheme composed of various technical means, which is applicable to
One of the technical means, the technical personnel in the technical field shall follow the instructions.
The content cannot be realized;
(5) The specific technical scheme is given in the specification, but no experimental evidence is given.
The scheme can only be established if it is confirmed by the experimental results. For example, for
Inventions of new uses of known compounds usually need to be given in the specification.
Experimental evidence to confirm its stated purpose and effect, otherwise it will not be realized.
Requirements for realization.
2? 2 Instructions writing method and order
Rule 17? 1 The invention or utility model is in accordance with Article 17 of the Detailed Rules for the Implementation of the Patent Law.
The description of the patent application shall indicate the name of the invention or utility model, in which
It should match the name in the request. The instructions shall include the following contents:
(1) technical field: indicate the technology to which the technical scheme to be protected belongs.
Field;
(2) background technology: statement understanding, retrieval,
Review useful background technology; Possibly, the quotation also reflects these background technologies.
Documents;
(3) Contents of the invention or utility model: indicate the location of the invention or utility model.
Technical problems to be solved and technical solutions to solve technical problems
According to the existing technology, state the beneficial effects of the invention or utility model;
(4) Description of drawings: If there are drawings in the specification, please give a brief description of each drawing.
Description;
(5) Specific mode: explain in detail that the applicant believes that the invention has been realized or
Preferred mode of utility model; If necessary, give examples; If there are any drawings, please refer to.
Illustration.
Rule 17? The description of the invention or utility model shall be written in the above manner and order.
Write, and write the title in front of each part, unless it is its invention or utility model.
Writing in other ways or sequences can save the length of specifications and make other
Can accurately understand its invention or utility model.
Rule 17? The description of the invention or utility model shall be standardized in words and clear in sentences, and
Quotations such as "as stated in the claims ..." shall not be used, nor shall they
You have to use commercial propaganda.
Rule 17? An invention patent application contains one or more nucleotide or amino acid sequences.
The description should include a list of sequences that meet the requirements. Submit parameters related to sequence table.
See the first part, the first chapter and the fourth chapter of this guide? Section 2.
The following is a detailed description of the above methods and sequences item by item.