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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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