Research On The Judgement Of Sufficient Disclosure Of Patent Specification

The patent specification is a description document of a technical solution,whose purpose is to help understand and realize the technical solution.The key of patent specification sufficient disclosure is that patent can be recreated by person skilled in the art,that is to say person skilled in the art and enablement are two basic rules of patent sufficient disclosure.However,there are irrationalities of two rules in Guidelines for Patent Examination.The first is that the determination subject of sufficient disclosure of patent description is equal to the determination subject of creativity,which debases the standard of disclosure.The second is about the judgment method of "enablement".Guidelines for Patent Examination only illustrates the situation of insufficient disclosure by way of examples from the reverse side,which is hard to suit the various cases in practice.It is necessary to reexamine the judgment of sufficient disclosure of patent description.By comparing the laws and regulations of patent specification disclosure with the typical country,and combining with cases,the article analyses from the following areas:Firstly,the "person skilled in the art" is the chief rule.The knowledge level of person skilled in the art determines the amount of information recorded in the patent description and the difficulty of writing patent description.However,the knowledge level of the subject of patent specification sufficient disclosure is equal to that of the subject of determining creativity in China,which violates the equal price principle of patent disclosure.We should distinguish the two subjects and define the knowledge level of the subject of patent specification sufficient disclosure.Secondly,the "enablement" rule is another important rule.The purpose of sufficient disclosure of the patent specification is to realize the technical solution.Guidelines for Patent Examination only illustrates the situation of insufficient disclosure by way of examples from the reverse side,which is difficult to deal with different cases in practice.In order to improve the applicability of the standard of sufficient disclosure of patent specification and protect the interest of patentees and the public,we should determine the "enablement" method from the positive side.Lastly,paper proposes measures against the existent problems.As for the knowledge level of the subject of sufficient disclosure of patent description,it should be clearly distinguished from the knowledge level of the subject of creativity determination.Specifically,we can learn from the "reasonable effort" standard of the United States,and make it clear that the knowledge level of the subject of sufficient disclosure of patent description is general technical knowledge and the existing technology that can be found through reasonable efforts;As for the improvement of the judgment method of "enablement",we can learn from Wands rule,and clarify the factors that need to be considered in the judgment,and further explain each factor through cases or reasoning,so as to improve the applicability of the method.