On The Independence Of Written Description In Patent Law

Although Britain had the first patent, but the initial patent as a monopoly it does not need to open to the public. Queen Elizabeth come to realize that the purpose of the patent system should not only introduce new technologies to the community should be more communication technologies, promote the overall development of industrial society. So the patent documents to the public and fully disclosed patent specification is a necessary condition to obtain the patent. From system design patent legislation, the inventor discloses his invention fully, or fully disclosed in the patent application documents, the patentee is granted to national patent consideration. Criteria to judge patent specifically include sufficient disclosure requirements can be achieved and written description requirements. Although the written description requirement controversial in academic circles, but our practitioners have begun to accept the written description requirement as a criterion adequately disclosed. This paper aims to describe the requirements of the written history, legal basis and judicial practice and other aspects of in-depth analysis of the written description requirement of independence value, in order to increase awareness of the patent community correctly written description requirement, the written description and try to find the required criteria some ideas.This paper is divided into three parts:The main contents of the first part was written to describe the origin and legal basis, the first written description requirement specified in U.S. patent law in 1793 and retained the right to join in after the claim, after 200 years of jurisprudence applied repeatedly, there are many classic case for reference. In addition, the legal basis of the written description requirement can be found in the civil law system based on the one hand, the written description requirement is equivalent to the compensation principle in patent law’s performance; on the other hand, the written description requirement has its own unique theory holds that an invention the possession required by way of written description.2010 US review Ariad case is a typical case, the case of the written description requirement of the principle of equal value and possession theory made perfect notes. After the line of sight into the country, the latest case of small i robot also allows us to see the importance of the written description requirement of the court, to write the patent document put forward higher requirements.The main content of the second part of the written description demonstrates the independence of the values required. Legislative purpose is to encourage full disclosure of inventions, should also take into account the fair, namely the public focus on efficiency and full disclosure of technical information. Criteria include the ability to achieve the requirements of the written description and claims, both fully understand the concept before they could better contrast. Through analysis, the written description requirement of independence does not equal the value of being able to achieve full disclosure, the dominant position in patent litigation, effectively preventing overly broad claims.The third part is the main content of the written description requirement criteria. Judge must first determine the subject of the written description requirement, namely to those skilled in the subject, and add a layman perspective to increase the stability of the patent. Analyzing the written description requirement in particular should pay attention to the type of standard time determination and claims. Finally, supporting measures need to actually implement the independence status of the written description requirement.