Study On The Judgment Of Full Disclosure In Patent

The purpose of this paper is to provide guidance for the judgment of the patented full disclosure in China.On the basis of our Patent Law and Patent Examination Guidelines,and referencing to relevant laws of the United States,Europe,Japan and the United Kingdom and other countries,summing up the judgment process of the patent full disclosure is that judging whether the specification is “clear” and “complete”,then further evaluating whether the technical proposal is “enablement” in the angle of “the person skilled in the art”?On this logical idea,a detailed analysis is made on the subject matter(“the person skilled in the art”)of the patent,the written description requirements(“clear” and “complete”)and the judgment criteria(“enablement”).In addition to the Introduction and the Thanks,this paper is divided into four parts.The content in the first part is to analyze the value of the patented full disclosure.Firstly,the author introduced the meaning and the legislative model of patented full disclosure,then analyzed the theoretical value and practical value of patented full disclosure.The meaning of the patented full disclosure is that: the patent specification should be clear and complete enough to make “the person skilled in the art” will be able to practice the invention.There are two legislative models of the patented full disclosure: the first one includes “written description”,“enablement” and “the best mode”;the second one includes “written description” and “enablement”.We adopt the second legislative model.The theoretical value of the patented full disclosure is to realize the balance of interests between the right holder and the public.The practical effect of the patented full disclosure includes two aspects: the boundary of the patent right and the promotion of the technology diffusion.The second part of this paper defines the concept of “the person skilled in the art”in patented full disclosure,including its composition,state of the art,technological level and the ability to obtain interdisciplinary technological knowledge.Considering composition,it can be one person or a group of person the number of which should depend on the special technical proposal.The state of the art in “the person skilled in the art” is common technological knowledge including “common general knowledge” and other knowledge which is accepted by those skilled in the art.It is distinguished from the state of “the person skilled in the art” when evaluating creativity.The technological level of “the person skilled inthe art” is the capacity of routine test,including logical reasoning ability and limited test ability but not creative ability to any extent.This paper then analyzes the ability of “the person skilled in the art” to obtain interdisciplinary technological knowledge.It is found that this ability is necessary to patented full disclosure and there is a need to restrict it on the base of existing regulation.The third Chapter analyzes the “written description” of patented sufficient disclosure in detail.The “written description” includes two aspects: “clear” and “complete”.The author explains the related provisions of patent specification particularly,and compares the “clear” of patent specification with that of the claims;then analyzes the influence of Cited documents to the “clear” of patent.Besides,the author also analyzes the influence of Specification attached figure to “clear” and “complete” of patent specification.The fourth chapter is the analysis of the judgment method of “enablement”.“Enablement” means that the technical proposal can be manufactured or used,and solving technical problems,resulting in technical results.Before judging the “enablement”,we must distinguish it from the relevant concepts,and then considering it with a wide range of factors.The author focus on the analysis of how to combine with the claims,common technical knowledge and the predictability of the technical field to determine“enablement”.