Cases Study Of Sufficient Disclosure Of Chemical Patents

Sufficient disclosure of chemical patents means that the contents described in the chemical patent specification should clearly and completely show the technical scheme,so that technicians in this field can realize it.Sufficient disclosure of chemical patents is a substantial requirement for the Patent Office to grant patent rights to chemical patent inventors,and also an essential requirement for patent applicants to write instructions.In judicial practice,chemical patents are often rejected due to insufficient disclosure or creative issues.Chemical patents inadequate disclosure mainly because of the lack of necessary technical methods,and the unpredictability of related technology developed by chemical method is difficult to provide sufficient evidence to prove,at the same time modify the patent claim is under the restriction of the patent law article 33,so chemical patents inadequate disclosure problems relative to creative more difficult to reply and processing.In addition,examiners in the field of chemistry often lack clear guidelines for insufficient disclosure deliberations,legal provisions lack detailed interpretations of relevant issues,and many concepts are so novel and unpredictable that they cannot be clearly defined by law,making it difficult for patent applicants and examiners to reach a consensus.For these reasons,many patent applications that were rejected because they are not sufficiently disclosure will seek relief through the review process,where it is not hard to imagine that there will be considerable controversy.For a long time,sufficient disclosure of chemical patents has not been given enough attention as a substantive requirement for the granting of chemical patents,and it is often confused with creative evaluation,which is not only a neglect of the protection of inventors' rights and interests,but also a waste of social resources.Therefore,the author believes that the judgment criteria for full disclosure of chemical patents should be judged effectively,the relevant laws and regulations should be correctly interpreted,and the understanding of common controversial issues should be deepened.This paper is the combination of theoretical analysis and cases analysis,the reference for relevant countries and regions of the relevant laws and cases,comparing China's interpretation of patent legislation purpose and system,deepen the understanding of the related law with specific cases,and at the same time corresponding comparison analysis,through the combination of theory and practice to explore the chemical patents fully public judgment standard.The first chapter introduces the research background,significance and current situation of the subject.The second chapter is the case analysis of the written description judgment criteria for the full disclosure of chemical patents.Chapter three discusses and analyzes "technical personnel in this field" in chemical patent application in combination with specific cases and obtains solutions.The fourth chapter mainly analyzes and summarizes the best case judgment combined with the judicial practice in the field of chemistry,and puts forward Suggestions.Chapter five discusses the hot cases in the judgment of "enablement" in the sufficient disclosure of chemical patents in combination with judicial practice.The innovation of this paper is mainly reflected in three aspects: first,research background innovation.For the first time,on the basis of the author of the science and engineering background,from the perspective of judicial practice to substantial judgment,chemical patents to sufficient disclosure the related elements of dismantling and pertinent analysis,each chapter from theory to case analysis,and interpretation to refine sublimation regression theory summary,by the deep shallow again 1,distinct,practical sense is strong,the final summary conclusion,after chemical patents fully public standard of judgment;Second,research method innovation.Combined with the case of patent search for statistical analysis,empirical analysis of hot difficult issues,and case analysis,rich materials,rich content,strong persuasion.Third,research perspective innovation.Based on the cases of invalid patents in the field of chemistry in China,this paper analyzes the hot and difficult problems in statistics from the macro perspective,and then analyzes the specific reasons from the micro perspective,so as to obtain the corresponding strategies in the practice of chemical patents.At the same time,thedeficiency is reflected in the following two aspects: first,the language expression ability is insufficient,the argumentation of some conclusions is not sufficient;Secondly,the quality of legal theory is relatively weak.Limited by the background of science and engineering,some cases analysis are lake of legal thinking and legal language.In conclusion,the author hopes that the study of the criteria for sufficient disclosure of chemical patents can provide useful thinking for improving the difficulties encountered in the judicial review practice in China,and at the same time help to clearly distinguish the concepts in sufficient disclosure of chemical patents,and contribute to the construction of the perfect system of sufficient disclosure of patents.