Study Of The Sufficient Disclosure System For Patents Of Chemical Inventions

Sufficient disclosure of the invention has always be an important institution of the patent examination. The issue is the substantive requirements of the specification during the patent application process. As the right to exclusive access to the benefits of the invention, the inventor has the obligation publish the contents of the invention clear and completely, so that general technical personnel in the field according to the specification without creative work will be able to implement or reproduce the invention. In the patent of chemical invention, unpredictability and it relies unduly on experiments data etc. For those reasons, controversy arises in the publicity of practice, the underlying reason is the sufficient disclosure standard in the chemical invention is much more important for specifications of chemical patent applications than for that of applications ,but it is not clear and definite enough.With reference to typical provision about sufficient disclosure in guidelines issued by the United States Patent and Trademark Office (USPTO), this paper 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。With practical experience in examination of patents, this paper discussed one typical problem of insufficient disclosure, which is caused by lack of experiment data in patent applications. By studying and analyzing the standard of sufficient disclosure for patents of chemical inventions, this paper founded some imperfectness in some provisions and then provided several suggestions for the future amendment to Guidelines for Examination issued by State Intellectual Property Office (SIPO) of China and even that of Patent Law of China.This paper is divided into five parts. First, the theoretical basis of the sufficient disclosure standard and the chemical invention. Second, the patent law of America. Third, the Patent Law of China. Fourth, the regulation of the sufficient disclosure in China Examination Guideline; and the fifth is the comprehensive conclusion and some suggestion for current regulations, which are intended to allow further improvement of Guidelines for Examination. Hope that the suggestions referred to this paper can help improve China's Examination Guideline on the sufficient discussion of chemical patent provisions. And these suggestions are also expected to a specific examination of the patent examiners in practice can be more accurate and reasonable grasp the sufficient discussion of chemical patent.