Study Of The Standard Of Sufficient Disclosure For Patents Of Chemical Inventions

Since patents of chemical inventions have some special characteristics, the standard of sufficient disclosure is much more important for specifications of chemical patent applications than for that of applications in other fields. With reference to typical provisions about sufficient disclosure in guidelines issued by the European Patent Office(EPO), United States Patent and Trademark Office(USPTO) and Japanese Patent Office(JPO), the article analyzed the standard of sufficient disclosure for patents of chemical inventions in Guidelines for Examination issued by State Intellectual Property Office (SIPO) of China and in Patent Law of China. Moreover, some problems about sufficient disclosure for patents of chemical inventions were discussed in case of product inventions and in case of process inventions, and it was founded that there are some differences between the provisions about the standard of sufficient disclosure of China and that of foreign countries, such as the basis of determination of sufficient disclosure, the relationship between the requirements of sufficient disclosure and that of writing specifications, and judgement methods about Enablement Requirement. With practical experiences in examination of patents, the author discussed two typical problems of insufficient disclosure, which are caused by lack of experiment data or by lack of data used in determining the nature or the quantity in patent applications. By studying and analyzing the standard of sufficient disclosure for patents of chemical...