Article 26 of the Patent Law clearly stipulates: "... 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; ..."。
According to the patent law, if an invention has been patented, in principle, a person skilled in the art can realize the patent according to the specification. However, the best implementation method may be protected by the inventor in the form of technical secrets, which is not made public, and readers need further experiments to get the best implementation method.
If the invention has not been patented, there is a problem of insufficient disclosure, and the specification needs to be further improved and supplemented, it is possible that the specification cannot be patented.
B.is the patent right within the validity period?
Article 1 1 of the Patent Law clearly stipulates: "... after the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and operation purposes, or use, promise to sell, sell or import its patented methods according to the patented methods. ..."。
If the patent is within the validity period, please pay attention to the above terms and consult a lawyer if necessary, so there is no infringement.
If the patent has expired, welcome to share the free knowledge treasure house.
2. In the patent application, the description, abstract and claims are all records of the technology. Some inventors may publish papers on related technologies after applying for a patent, but this has nothing to do with applying for a patent.