Requirments For Description

Requirements for Description
CNIPA Training Seminar

Nov. 2018
1
Brief Introduction to Patent
Application Documents
Components of and Formal

Substantive Requirement for

Description
2
1.Brief Introduction of Patent
Components of Patent Application

Documents
Legal Basis for Description
Functions of Description
3
Components Legal basis: Art. 26.1 CPL
Art. 26.1 CPL
Where an application for a patent for invention or
utility model is filed, a request, a description and its
abstract, and claims shall be submitted.
Guideline part Ⅱ chapter 2
-According to article 26.1, any invention application
shall include a description (where necessary, appended
drawings are required) and its abstract, and claims.
-Any utility model application shall include a
description (appended drawings are required) and its
abstract, and claims.
4
Components
Legal basis: Art. 26.1 CPL invention
Application Document
request abstract description claims Other documents
Title main text drawings
5
Components
Legal basis: Art. 26.1 CPL Utility model
Application Document
request abstract description claims Other documents
Title main text drawings
6
Questions
Why is it not necessary to submit drawings
for an invention application, and must submit
drawings for a utility model application?
Answers
The reason is the definition of inventions and
utility models.
Article 2.
“Invention" means any new technical solution
relating to a product, a process or improvement
thereof.
“Utility model" means any new technical
solution relating to the shape, the structure,or
their combination,of a product, which is fit for
practical use.
Legal Basis for Description
Substantive requirements:
-Art 26.3: the invention must be sufficiently
disclosed.
Formality requirements:
-Rule 18: the structure of the description, in the
order of presentation of the contents.
-Rule 19: formality of the drawings.
9
Functions of the description
Main function
Art 26.3:
The description and the drawings are mainly used to
describe the invention or utility model in a manner
sufficiently clear and complete, so as to enable a person
skilled in the art to understand and carry out the invention
or utility model.
Disclose technical information

enable
Explain how to implement
10
2. Formal Requirements
for Description
Components of Description
Formal Requirements for Description
11
2. Components of and Formal
Technical field
Title
Background art
Main text Contents of invention or

utility model
Drawings Description of drawings
Specific mode
12
 Structure of description
 Title
 Main text
 - Technical field
 - Background art
 - Contents of invention or utility model
 - Description of drawings
 - Specific mode for carrying out the invention or
utility model
 Drawings
13
Description
Title Main text Drawings
No.1
No.1 No.2
No.2 No.3
No.3 No.4
No.4 No.5
No.5
Technical Field Background Art Contents of Invention Description Specific Mode for
or Utility Model of Drawings Carrying Out the
Invention or Utility Model
The technical problem to be solved Technical solution Advantageous effects
14
Abstract
15
Requirements for Title:

Clear and brief
Middle top of first page of main text
Examples:
1、“New column linked billboard”
2、 “zipper and the process for making the same”
21
Main Text---Technical Field :

Specific technical field to which the claimed technical
solution of the invention or utility model pertains or is
directly applied
NOT
-General technical field
-Adjacent technical field
-The invention or utility model per se.
22
Example excavator
For example, as for an
invention relating to an
excavator cantilever,
the inventive feature of
which is a change from
rectangular section in
the background art to
elliptic section for the
cantilever.
23
Rectangular
section
cantilever
Example
elliptic
section
24
Technical Field -Matching
the invention relates to
elliptic section in an
excavator cantilever general
technical field
the invention relates to an
excavator cantilever of an
elliptic section specific
technical field
the invention relates to a
building machine
the invention
the invention relates to an per se
excavator, especially to an
excavator cantilever
25
Technical Field -Matching
the invention relates to
elliptic section in an
excavator cantilever general
technical field
the invention relates to an
excavator cantilever of an
elliptic section specific
technical field
the invention relates to a
building machine
the invention
the invention relates to an per se
excavator, especially to an
excavator cantilever
26
Conclusion
General
technical
field
Adjacent
technical
field
Adjacent
technical field
The invention or
utility model
per se
27
2. Formal Requirements for
Description
Main Text---Background Art :

the background art can be regarded as useful for the
understanding, searching and examination of the
invention or utility model, and when possible, cite the
documents reflecting such art, especially the prior art
documents which contain the technical features stated
in the preamble portion of the independent claim of the
invention or utility model, that is, the closest prior art
documents.
28
Description
Formal Requirements for DescriptionIs there any
requirements
for the
Main Text---Background Art : documents?
1 Understanding, searching and examination
2 Citing the documents
3 Containing the technical features stated in the
preamble portion of the independent claim
the closest prior art documents

29
Requirements for cited documents
country of origin
indicate
patent publication number
documents
publication date
periodicals
magazines indicate title

non-patent
literature manuals detailed
books etc source
30
Description
Main Text---Contents of Invention or

Utility Model :
(1) Technical problem to be solved
(2) Technical solution
(3) Advantageous effects
31
Main Text---Contents
(1) the technical problem to be solved

1 Technical problem existing in the prior art
2 The invention or utility model aims to solve
3 The technical solution shall be able to solve the problem
No
positive commercia
and l
objectively
concise advertising
words
32
(2) technical solution

1
The core of a patent application.
2 The technical features of the solution: clearly and
completely.
3 The technical solutions: consistent in presentation with the
claims.
 (2) technical solution
1 The technical solution in the independent claim : shall

be reflected
2 Preferable technical solutions in the dependent claims:
may be reflected
3 More than one invention or utility model: each one shall
be described
34
Clearly
and
(3) advantageous effects objectivel
y
1 The advantageous effects as compared with the prior art.
2 Directly result from the technical features constituting the
invention or utility model. or the effects which these
technical features are bound to produce.
3 Important criterion for determining whether an invention
represents a “notable progress”, or a utility model
represents a “progress”.
35
(3) advantageous effects

 Improvement in productivity, quality, precision or
efficiency
 Saving of energy consumption, raw material or working
procedures
 Simplification or convenience in processing, operation,
control or use,
 Reparation or cure of environment pollution
 Appear of useful function, etc.
36
Main Text---Description of Drawings
The title of each figure in the drawings

Briefly describe the contents as illustrated.
more than one
title contents figure
Example
-Fig.1 is the front view of the energy-saving system for coal-fired

boiler;
-Fig.2 is a side view of the said energy-saving system in Fig.1;
-Fig.3 is the view along the direction A as shown in Fig.2; and
-Fig.4 is the sectional view along the line B-B as shown in Fig.1.
37
Main Text---Specific Mode
1 Important part of the description

2 Extremely important for sufficiently disclosing,
understanding and carrying out the invention or utility
model
3 Important for supporting and interpreting the claims.
38
1 Shall describe in detail the preferred mode contemplated by

the applicant for carrying out the invention or utility model.
2 Shall be described in such detail as to enable a person skilled
in the art to carry out the invention or utility model.
3 Embodiments are exemplification of the preferred modes for
carrying out the invention or utility model.
39
A claim covers
The number of examples a broad scope
claims claim
Can not
One example One example
40
A claim covers
The number of examples a broad scope
claims claim
One example Two or more different examples
41
Numerical range
at least one
values near the both intermediate
ends(preferably the both value
end values)
42
Numerical range
values near the both
ends(preferably the both
end values)
43
reference numbers or symbols
The reference numbers or symbols used shall be

consistent with those appearing in the drawings and
be placed after the corresponding technical terms
without parenthesis.
44
Example
A circuit connection
 resistor (3) is connected with capacitor (5) via the
collector of transistor (4)
 3 is connected with 5 via 4
 resistor 3 is connected with capacitor 5 via the
collector of transistor 4 5
4
3
45
without parenthesis
Example
4
3
46
Reference Numbers or Symbols
Example
be
resistor
placed(3) is the
after connected with capacitor
corresponding (5) via the
technical terms
4
3
47
the reference numbers or symbols
Example A circuit connection

4
3
48
Drawings
mechanics or
electricity
Function:
Supplement the explanation in the text of the
description with figures
Enable a person to intuitively and visually understand
each technical feature and the whole technical solution
of the invention or utility model.
49
3.Substantive Requirement for
Description ---Sufficient disclosure
1 Legal Basis
2 Purpose of the Legal Requirement
3 Paraphrase of the Legal Provision
4 Examination on Art. 26.3 CPL
50
Legal Basis
Art. 26.3 CPL

The description shall set forth the invention or utility
model in a manner sufficiently clear and complete so
as to enable a person skilled in the relevant field of
technology to carry it out.
51
Purpose of the Legal Requirement
• The sufficient disclosure requirement ensures an applicant to disclose

to the public how to carry out the invention in return for granting a
patent.
• The disclosure requirement of Article 26.3 ensures that the
application properly sets out what has been invented. The public must
be given, in the application, access to the full information concerning
the invention.
• To grant a patent to an application dissatisfying the requirement
would lead to an extreme imbalance between a patentee and the
public.
• The applicant should not be allowed to gain protection for things
which he has not invented. When applying for a patent all the
technical details required to carry out the invention must be disclosed
52
in the application.
Paraphrase of Legal Provision
(1) “Person skilled in the art”

(2)Meaning of “Clear”
(3)Meaning of “ Complete”
(4)Meaning of “enable to carry out ”
(5) How to understand the provision of Art.26.3?
53
“Person Skilled in the Art”
•The person skilled in the art refers to a fictional “person”
who is presumed to be aware of all the common technical
knowledge and have access to all the technologies existing
before the filing date or the priority date in the technical field
to which the invention pertains, and have capacity to apply all
the routine experimental measures before that date. However,
he is not presumed to have creativity.
•If the technical problem to be solved impels that person to
seek technical means in other technical field, he should also be
presumed to have access to the relevant prior art, common
technical knowledge, and routine experimental measures in
the other technical field before the filing date or the priority
date. 54
Meaning of “Clear”
The contents of the description shall be clear, and

specifically shall meet the following requirements:
(1) The subject matter shall be clear.
technical problem /technical solution /advantageous
effects
Said technical problem, technical solution and
advantageous effects shall be adapted to one another
and free of contradiction or irrelevancy.
55
(2) The expression shall be precise.

shall use terms of the technical field
shall precisely express the technical contents
without any ambiguity or equivocation
56
Example
The present invention relates to a solid fuel, which

consists of olefin, sawdust, combustion-supporting
agent NO.1. But the description doesn’t describe the
ingredient and the origin of said combustion-
supporting agent NO.1.
57
Meaning of “ Complete”
(1)the contents which are indispensable for the understanding of the

invention or utility model,such as the description of the relevant
technical field and the state of the background art and the brief
description of the drawings if any;
(2)the contents that are needed for determining whether or not the
invention or utility model possesses novelty,inventive step and
practical applicability,such as the technical problem to be solved by
the invention or utility model,the technical solution adopted to solve
the problem,and the advantageous effects of the invention or utility
model; and
(3)the contents that are needed for carrying out the invention or utility
model,such as the mode for carrying out the technical solution
adopted to solve the technical problem of the invention or utility model.
58
Meaning of “ Complete”
Example
The present invention relates to a AC cigar lighter,

which need not to convert the AC into DC, and the cigar
lighter can be driven by AC directly.
The description merely describes the cigar lighter which
can utilize AC, but the particular configuration of the
lighter is not disclosed.
59
How to understand provision of
Relationship?
Art.26.3
“clear” / “ complete” / “enable to carry out”

These three requirements are integral.
“enable to carry out” is the fundamental requirement.
To ensure that the application contains clear and
sufficient technical information to enable a skilled person
to understand the invention and put the invention as
claimed into practice.
carry it out
Sufficiently
complete
clear
60
Meaning of “enable to carry out ”
The description shall enable a person skilled in the art to

carry out the invention or utility model.
It means that the person skilled in the art can, in
accordance with the contents of the description:
carry out the technical solution
solve the technical problem
achieve the expected technical effects
61
How to understand provision of
Art.26.3
Relationship? fundamental
clear
requirement
complete
enable to
carry out
62
How to Understand “Carry Out”
---Five Situations
(1) The description sets forth only a task and/or an

No.1
assumption, or simply expresses a wish and/or a result,

providing NO technical means that a person skilled in
the art can implement;
63
---Five Situations
Example
Invention---wind-bell
Description---The timbre of the wind-bell
can be high or low along with the change of temperature.
The material and structure of the wind-bell are not
disclosed.
Insufficient disclosure
64
---Five Situations
(2) The description sets forth a technical means, but the

No.2
means is so ambiguous and vague that a person

skilled in the art cannot concretely implement it
according to the contents of the description;
65
---Five Situations
Example
Invention---chemical equipment
Description---a chemical equipment in which a special
effective stuffing is filled.
The composition of the special effective stuffing which is
essential to the invention is not disclosed.
66
---Five Situations
Nano
Example material
 Invention--- generator
without magnetically
conducting iron core
 Invention--- resistance is reduced and output current and

voltage are not smaller than that in available generator
with magnetically conducting iron core.
 Used in: power plant, electric automobile, train, aeroplane,
etc.
 What kind of nano material it is not disclosed.
67
---Five Situations
(3) The description sets forth a technical means, but a

No.3
person skilled in the art cannot solve the technical

problem of the invention or utility model by adopting the
said means;
68
---Five Situations
Example
Invention--- catalyzer made by a special process

Description---preparation method, active component,
carrier and content are disclosed.
Some kind of supporting-reagent added into said
catalyzer which is essential to the resolve of the
technical problem of the invention is not disclosed.
69
---Five Situations Example
 Invention--- Mini type generator installed inside handset

 Description--- The movement of people makes weight dropper inside
handset rotate so as to generate electricity. Rectified electrical current
charges handset continually.
 How to generate required voltage /current through random rotation of

the weight dropper is not disclosed
70
---Five Situations
(4) The subject matter of an application is a technical solution

No.4
consisting of several technical means, but one of the means

cannot be implemented by a person skilled in the art
according to the contents of the description.
71
---Five Situations
Example
Invention: multifunctional dog ring

Description:
72
---Five Situations
Example
Invention--- catalyzer made by a special process

Description---active component, carrier and content are
disclosed.
Preparation method of the catalyzer which is essential to
the process invention is not disclosed.
73
---Five Situations
Example
 Invention
 movable magnetic
suspension device
 Description--- rack part, floater, displacement sensor and magnetism

suspension control circuit.
 rotation generation device: to realize the floater self-rotation
 The structure of the magnetism suspension control circuit, which is

essential to realize the floating of the floater, is not disclosed
 The structure of the deflection circuit, which is an essential part of the
rotation generation device, is not disclosed.
74
---Five Situations
(5) The description sets forth a concrete technical

No.5
solution but without experimental evidence, while the

solution can only be established upon confirmation by
experimental result.
75
---Five Situations
Example
For example, in general, the invention of a new use for a

known compound requires experimental evidence in the
description to validate the new use and effects thereof;
If the experimental evidence which is essential to
validate
The new use and effects is not disclosed in the
description
76
---Five Situations
Example
The present invention relates to Ecological pesticides, which

includes the following main components (by weight): Vitamin
1~2%; Amino acid 6~18%; organic acids 1~15%;
protein0.5~8%; Rare Earth1~2%.
The description describes the components and ratio.
But does not disclose any experimental data to prove that
The claimed pesticides do have insecticidal effects.
77
The examination on Art. 26.3 CPL
1 Examination object on Art. 26.3cpl
2 Responsibility of examiner and applicant
78
Examination Object
Art.26.3 is a legal requirement for the description,

so it applies to the description
NOT claims and other parts of the invention
The relationship between the claims

and sufficient disclosure
79
Responsibility of Examiner and
Applicant
Guidelines--If the examiner can reasonably doubt that the
invention or utility model does not meet the requirement of
sufficient disclosure, he/she shall invite the applicant to
make a clarification.
The responsibility of the applicant:
sufficient disclosure.
explanation and clarification.
The responsibility of the examiner:
The examiner bear the burden of provide “reasonably
causes”.
80
Situations without Consideration
 (1) Experimental parameters or supplementary

embodiments
 (2)Evidence not in form of publication
 (3)Publication on or after filing date
81
Situations without Consideration
 (1) Prior art proved by normal publication

 (2) Prior art proved by observations
82
Situations with Consideration
Prior art proved by normal publication
Normal Prior art acceptable

publication
83
Prior art proved by observations
Common knowledge
Acceptable
Contradiction
Unacceptable Multiple meaning
Can not be combined

84
Applicant
If an applicant alleges in the analysis of the observation

that a particular technical means can be easily
ascertained by the skilled person in accordance with
common general knowledge in order to implement the
present invention, while the reasons stated by the
applicant can be accepted by the examiner, then it
should be recognized.
85
Applicant
Example
 The present invention relates to a process

of distillation, the contribution to the prior
art is the distillation column.
 The examiner questioned that the
specification is not sufficiently disclosed
on grounds of not mentioning the
distillation column plate number.
 In response, the applicant explained that
the original specification describe the
value of reflux ratio R, as long as the R
value is determined, the skilled person can
determine the distillation column plate
number on the basis of mole fraction of
the volatile components in the raw
material liquid and the distillate
composition.
86
Applicant
Example
 In other words, all the skilled

person of chemical engineering
are aware of the methods to
determine the plate number, which
are common general knowledge in
chemical field.
 Therefore, the skilled person can in
accordance with the information of
the description, implement the
claimed process of distillation.
 If the examiner considers that the
applicant's explanation is
reasonable, it should be recognized
that the invention has been
sufficiently disclosed.
87
Contradiction
Article: applicant
colorant% >= n%
Contradiction
Technical manual: examiner

colorant% <= (n-1)%
88
Can not be combined
The correcting method for image scanning is

characterized by that a color board is set in the
image scanning system, it can directly
implement image processing correction by means
of new image processing correction mode to
obtain true color, raise image scanning quality,
and can eliminate manual adjustment mode, but it
does not increase cost.
89
Can not be combined
Description : a method for correcting image

scanning, includes a step for “adding and
average”. Real color images can be obtained
without manual adjustment.
90
Can not be combined
White correcting
Textbook: “adding and White

average” correcting
Combinative?
Present invention: Color

“adding and average” correcting
91
Citation Document in Description
Deemed to be not cited
1.document can
not be obtained publication date
2.Nonpatent or
foreign patent Filing date
Publication date
3.Chinese patent
92
Prior art proved by observations
Material A a%
Claim: Material B b%
Ink
Material C Not given
Water Remainder
employing material C as colorant is the technical means to solve the
93
technical problem
Contradiction
Article: applicant
C colorant% >= n%
Contradiction
Technical manual: examiner

C colorant% <= (n-1)%
94
Citation Document in Description
Judgment of sufficient disclosure
Description
of present
invention
Y Sufficient
Combinative disclosure
Cited
documents
N
insufficient
disclosure 95
Discussion
Q&A
96
97

Requirments For Description

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Requirements for Description

CNIPA Training Seminar

Components of and Formal

Substantive Requirement for

Components of Patent Application

Legal Basis for Description

Legal basis: Art. 26.1 CPL invention

request abstract description claims Other documents

Title main text drawings

Legal basis: Art. 26.1 CPL Utility model

request abstract description claims Other documents

Title main text drawings

Legal Basis for Description

Disclose technical information

Formal Requirements for Description

Main text Contents of invention or

Drawings Description of drawings

Title Main text Drawings

The technical problem to be solved Technical solution Advantageous effects

Requirements for Title:

Main Text---Technical Field :

Main Text---Background Art :

the closest prior art documents

magazines indicate title

Main Text---Contents of Invention or

(1) the technical problem to be solved

(2) technical solution

 (2) technical solution

1 The technical solution in the independent claim : shall

(3) advantageous effects

The title of each figure in the drawings

-Fig.1 is the front view of the energy-saving system for coal-fired

1 Important part of the description

1 Shall describe in detail the preferred mode contemplated by

One example One example

One example Two or more different examples

The reference numbers or symbols used shall be

Example A circuit connection

Art. 26.3 CPL

• The sufficient disclosure requirement ensures an applicant to disclose

(1) “Person skilled in the art”

The contents of the description shall be clear, and

(2) The expression shall be precise.

The present invention relates to a solid fuel, which

(1)the contents which are indispensable for the understanding of the

The present invention relates to a AC cigar lighter,

“clear” / “ complete” / “enable to carry out”

The description shall enable a person skilled in the art to

(1) The description sets forth only a task and/or an

assumption, or simply expresses a wish and/or a result,

(2) The description sets forth a technical means, but the

means is so ambiguous and vague that a person

 Invention--- resistance is reduced and output current and

(3) The description sets forth a technical means, but a

person skilled in the art cannot solve the technical

Invention--- catalyzer made by a special process

 Invention--- Mini type generator installed inside handset

 How to generate required voltage /current through random rotation of

(4) The subject matter of an application is a technical solution

consisting of several technical means, but one of the means

Invention: multifunctional dog ring

Invention--- catalyzer made by a special process

 Description--- rack part, floater, displacement sensor and magnetism