China
BIZCHINA / Intellectual property
Implementing Regulations of the Patent Law of the People's Republic of
China
Updated: 2006-04-17 14:40
Article l8 The description of an application for a patent for invention
or utility model shall state the title of the invention or utility model,
which shall be the same as it appears in the request. The description
shall include the following:
(1) technical field: specifying the technical field to which the
technical solution for which protection is sought pertains;
(2) background art: indicating the background art which can be regarded
as useful for the understanding, searching and examination of the
invention or utility model, and when possible, citing the documents
reflecting such art;
(3) contents of the invention: disclosing the technical problem the
invention or utility model aims to settle and the technical solution
adopted to resolve the problem; and stating, with reference to the prior
art, the advantageous effects of the invention or utility model;
(4) description of figures: briefly describing each figure in the
drawings, if any;
(5) mode of carrying out the invention or utility model: describing in
detail the optimally selected mode contemplated by the applicant for
carrying out the invention or utility model; where appropriate, this
shall be done in terms of examples, and with reference to the drawings,
if any;
The manner and order referred to in the preceding paragraph shall be
followed by the applicant for a patent for invention or for utility
model, and each of the parts shall be preceded by a heading, unless,
because of the nature of the invention or utility model, a different
manner or order would result in a better understanding and a more
economical presentation.
The description of the invention or utility model shall use standard
terms and be in clear wording, and shall not contain such references to
the claims as: "as described in claim ?�", nor shall it contain
commercial advertising.
Where an application for a patent for invention contains disclosure of
one or more nucleotide and/or amino acid sequences, the description shall
contain a sequence listing in compliance with the standard prescribed by
the Patent Administration Department under the State Council. The
sequence listing shall be submitted as a separate part of the
description, and a copy of the said sequence listing in machine-readable
form shall also be submitted in accordance with the provisions of the
Patent Administration Department under the State Council.
Article l9 The same sheet of drawings may contain several figures of the
invention or utility model, and the figures shall be numbered and
arranged in numerical order consecutively as "Figure l, Figure 2, ?�".
The scale and the distinctness of the drawings shall be as such that a
reproduction with a linear reduction in size to two-thirds would still
enable all details to be clearly distinguished.
Reference signs not mentioned in the text of the description of the
invention or utility model shall not appear in the drawings. Reference
signs not mentioned in the drawings shall not appear in the text of the
description. Reference signs for the same composite part shall be used
consistently throughout the application document.
The drawings shall not contain any other explanatory notes, except words
which are indispensable.
Article 20 The claims shall define clearly and concisely the matter for
which protection is sought in terms of the technical features of the
invention or utility model.
If there are several claims, they shall be numbered consecutively in
Arabic numerals.
The technical terminology used in the claims shall be consistent with
that used in the description. The claims may contain chemical or
mathematical formulae but no drawings. They shall not, except where
absolutely necessary, contain such references to the description or
drawings as: "as described in part ?�of the description", or "as
illustrated in Figure ?�of the drawings".
The technical features mentioned in the claims may, in order to
facilitate quicker understanding of the claim, make reference to the
corresponding reference signs in the drawings of the description. Such
reference signs shall follow the corresponding technical features and be
placed in parentheses. They shall not be construed as limiting the claims.
Article 2l The claims shall have an independent claim, and may also
contain dependent claims.
The independent claim shall outline the technical solution of an
invention or utility model and state the essential technical features
necessary for the solution of its technical problem.
The dependent claim shall, by additional technical features, further
define the claim which it refers to.
Article 22 An independent claim of an invention or utility model shall
contain a preamble portion and a characterizing portion, and be presented
in the following form:
(1) a preamble portion: indicating the title of the claimed subject
matter of the technical solution of the invention or utility model, and
those technical features which are necessary for the definition of the
claimed subject matter but which, in combination, are part of the most
related prior art;
(2) a characterizing portion: stating, in such words as "characterized in
that..." or in similar expressions, the technical features of the
invention or utility model, which distinguish it from the most related
prior art. Those features, in combination with the features stated in the
preamble portion, serve to define the scope of protection of the
invention or utility model.
Where the manner specified in the preceding paragraphs is not appropriate
to be followed because of the nature of the invention or utility model,
an independent claim may be presented in a different manner.
An invention or utility model shall have only one independent claim,
which shall precede all the dependent claims relating to the same
invention or utility model.
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