A Study Of The Clear And Complete Requirements Of China Patents

The disclosure of patent is the cornerstone of the patent system.Full disclosure of patents helps to clarify the boundaries between the rights of patentees and the public,and can also promote the diffusion of technology.The "clear and complete" requirement in Article 26,paragraph 3 of Chinese "Patent Law" has been used in examination and judicial practice.Examining the implementation of the “clear and complete” requirement in the patent life period,it is found that there are areas worthy of improvement in the unification of standards in the patent authorization and confirmation procedures and the arguments in legal documents.The horizontal comparison with the Dedication Rule in the patent infringement procedure shows that the two have similarities in principle and implementation.Due to the misplacement of the “clear and complete” requirement in patent examination as a substantive clause of the “good faith” principle,the connotation of the “clear and complete” requirement has become more ambiguous.Clarifying the standards required for "clearness and completeness",protecting the trust and interests of patentees,and making appropriate adjustments to the examination process will help improve the quality of patents in China.