On The Full Disclosure Of Patent Specification

This paper by apple and Zhi Zhen company on the "xiao i robot" patent dispute cases caused by a discussion of patent specification for full disclosure, from multiple angles of "judging full disclosure subject, object and standard" expansion of patent law fully open system searches analyzes, find our legislation on the shortcomings in the foreign law in contrast with, find legislation contradictions in the and the comparison of the judicial practice. Therefore, no matter from the angle of legislation and practical significance, is necessary to research on full disclosure of patent.The article is divided into five parts: after the introduction of the fully based on the open system, the status quo, the author through finishing the typical cases in judicial practice at home and abroad, from patent full disclosure of the judgments of the subject, judge object and judgment standard of patent specification full open and research. Based on identify deficiencies existed in the present patent system of our country, through the reference of foreign related system and practice experience, put forward with China's national conditions and can improve the Cowley review system in our country the feasibility of the proposed, to solve the practical problems in the existing and finally achieve better achieve the effect of patent law and the purpose of the legislation.The first part describes the theoretical significance of China's Patent Law on patent full disclosure system, and the value of the system of legal analysis. The second part uses the comparative law perspective, detailing the other countries judgment patent full disclosure of such as the American model and the European model and the decision rules and China's censorship model compare each, find their similarities and differences, for the following detailed analysis in China and suggestions to provide legal basis and practical experience.The third part is about the patent law to judge the subject fully open system. In this part, the reference typical case of judicial review as the full disclosure of the judgments of the subject related technical personnel should have characteristics, and through reference in part discussed the domestic and foreign relevant laws and regulations, achieve unity of the legislation and practice of understanding and operation.The fourth part is about the technical scheme of the object of the patent. In this part, cited a typical case of judicial explanation I practice of judicial review about full disclosure of the object of judgement is the technical scheme. However, this and requirements of our country's legislation with the specifications in opposition to the specified object judgment, it is worth we have drawn attention to the need to consider the actual operation based on the reference of foreign experience, modify the relevant laws and regulations of our country.Last part summarizes the graduation thesis writing, and a summary of the proposed to improve our patent examination standards.