The Rationality Proof Of The Preferred Method Of Disclosure Rules Of Patent Application

While writing a patent application document,the implementation rules of the Patent Law require the applicant to specify the preferred implementation method in the specific embodiment of the specification,so that the person skilled in the relevant art to better understand and realize the content of the technical solution.Accordingly,the preferred mode of disclosure is in the field of patent disclosure.In recent years,with the in-depth study of the patent disclosure system in the academic community,there are some relevant evaluations of the preferred method of disclosure rules gradually surfaced.After comparing with the best mode of the US Patent Law,The academic community consistent believes that China’s preferred mode have problems such as unclear content,lack of legal validity and low legal status.Therefore,the existing research conclusions almost unanimously require modification of the preferred method of disclosure rules.This paper puts forward the contrary opinion,and believes that the existing research does not have sufficient reasons for the modification of the preferred method disclosure.It is reasonable and does not need to be modified.The structure of the article is divided into two levels,and the first level starts from the point of view and the reason for questioning the preferred method.The second level reinterprets the connotation and extension of the disclosure method of the preferred method in China,and strives to restore the original intention of the rule.The second level of proof of rationality is mainly accomplished by refuting the reasons for revision proposed by scholars.In addition,it also increases the value analysis of rules not covered by existing research.The proof of the preferred method of disclosure rules is developed from three perspectives.First,restore its disclosure content,legal consequences and legal status from the basic composition of the preferred method of disclosure rules.Secondly,the system compares the preferred method of China with the best mode in the United States,and draws the necessity of making revisions with reference to the best mode.Finally,the point of proof will return to the legislative value of legal norms,revealing the value basis of formulate rules and the value performance of the continue rules.