A Study On The Legal Issues Of The Standards For The Disclosure Of Patent Instructions

Patent is to exchange the publicity of related technology for the protection of the technology by law.Patent publicity is an indispensable link in the process of patent application.Whether the patent technology meets the publicity standard prescribed by law is mainly judged by the patent specification submitted by the patent applicant.For the administrative review department,the disclosure standard of patent specifications can judge whether a patent is novel,creative and practical,and determine the scope of granting a patent;for the judicial system,the disclosure standard of patent specifications is an important basis for judging whether it constitutes patent infringement and protecting the legitimate rights and interests of patentees,and is an important evidence for patent infringement disputes.One.Firstly,this paper introduces the relevant theoretical basis of patent specification disclosure standard and the current legislative situation of our country.At present,the core clause of patent specification disclosure standard in our current patent law is the provision of Article 26,paragraph 3 of the Patent Law.To study the patent specification disclosure standard,we must fully understand and think about Article 26,paragraph 3 of the Patent Law.In addition,in the relevant chapters of the Implementing Rules of the Patent Law and the Patent Examination Guide,there are some more specific provisions on the judgment and implementation of patent specification disclosure standards.At present,China has basically formed a complete set of standards for patent specification disclosure from generalization to concrete,from theory to practice.However,the patent law,the implementation rules of the patent law and the Patent Examination Guide are not specific enough to stipulate the standard of patent specifications disclosure.In practice,some unreasonable points have also been found.The existing norms are too general and broad,and there are considerable disputes in administrative review and judicial judgment.On the one hand,these disputes lack a clear legal basis for patent application and authorization in practice,on the other hand,when patent infringement disputes occur,the legitimate rights and interests of patentees can not be protected by law.Therefore,we need to rethink and improve the open standards of patent specifications in China.Improving the disclosure standard of patent specifications in our country needs to be based on the practice of patent examination in our country,and we should learn from other countries'mature relevant laws and regulations,and apply foreign advanced regulations on the disclosure standard of patent specifications to the practice of patent examination in our country.Therefore,this paper immediately explores the publicity standards of foreign patent specifications,mainly introducing the comparatively representative publication standards of patent specifications in the United States and Europe,and comparing them with the current publication standards of patent specifications in China through the perspective of comparative law.Then this paper introduces the application of patent specification disclosure standard in practice.This part mainly introduces the practice status of patent disclosure standards in patent substantive examination,patent review board review and judicial trial.Only by analyzing the current situation in the practice of patent specification disclosure standards can we reflect the deficiencies in legislation,further improve the relevant laws,summarize the rationality of the legal provisions from practice and affirm them,and seek the deficiencies of the existing laws from practice to improve them.Through the practice of patent specification disclosure standards to improve the relevant laws and regulations can also make the law more in line with China's national conditions and social development trends.On the basis of the current legislative situation in our country and the legislative situation of foreign countries,the author summarizes the main problems of patent specification disclosure standards in China from the practice of patent specification disclosure standards:firstly,the definition of "technical personnel in their fields" is vague;secondly,there is no specific standard for "being able to achieve";thirdly,the requirement of written description and the requirement of patent specification disclosure standards.“There are disputes about the relationship that can be achieved;fourth,there are ambiguities in the object of public standard review;fifth,the scope of the specification should be open is lack of specific legal provisions;sixth,the requirement of written description is too broad.In order to solve the above problems,the author puts forward some feasible suggestions:first,the definition of "technicians in their fields"should be clearly defined,that is,the definition of "technicians in their fields" should be separated;secondly,the standard of "achievable" should be clearly defined,and the "achievable"should be specified in detail from the front,so as to make the patent review process truly legal.Thirdly,to clarify the relationship between the three standards of "clear","complete" and "open",which helps to judge whether the patent specification meets the open standard more conveniently and accurately;fourthly,to clarify that the object of examination for the public labeling of the patent specification is the technical scheme requiring protection;fifthly,to clarify the specific scope and requirements of the disclosure of the patent specification,and the patent specification.Writing should meet the requirements of "clear" and "complete".Sixth,drawing on the relevant experience of European and American countries,the requirements of written description should be clearly specified.