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Too much - Talk about the disclosure of the instructions inappropriate

2014-3-13 09:52| Announcer: admin

Background introduction: 
The full disclosure of the instructions is one of the basic requirements for the creation of patent rights. If the disclosure is not sufficient, the patent application will be rejected or the patent is declared invalid. However, inappropriate disclosure (such as excessive disclosure) after the specification satisfies the basic requirements of full disclosure may adversely affect the application or subsequent application. This article will explore some of the chemical biology often appear in the manual disclosure of inappropriate specific circumstances. 

Situation analysis: 
1、The background art is disclosed inappropriately 
This situation often appears in the instructions written in accordance with scientific research ideas. The background art of some of the instructions is written in the form of academic papers in which the process of the present invention is obtained in accordance with the teachings of the prior art. This writing method easily leads the examiner to produce the thinking of the later Zhuge Liang, and then finds that the invention is not creative. Although the defense can be used in the opinion of the present invention to produce a technical effect with no unexpected effect, the probability of the success of the defense is not high.  
2、Knowing common sense too 
This situation is often found in the applicant's application for foreigners. Some of the patent application brochures will record some unnecessary common sense. For example, the abbreviations of common amino acids are listed in the new protein patent application. These known common sense, if not written, will not be understood by those skilled in the art. In the manual to write too much common knowledge will lead to the contents of the manual redundancy, and may produce unnecessary additional costs, increase the cost of the applicant.  
3、Explanation is incorrect 
In the field of chemical organisms, in order to effectively protect the core technology, the applicant will usually be on the protection of the compounds of the composition or composition of the composition of the general summary, and in the manual for a detailed explanation. The author believes that the degree of detail of this interpretation depends on the applicant's position and role in the overall patent placement. Excessive explanations may result in the invention being unsatisfied with novelty and / or creativity without authorization, and may also prevent the applicant from continuing to apply for a similar generic compound patent or to apply a specific compound within the scope of the generic compound. For example, the applicant has found that the specific value of a specific compound in the general compound is good for the patent application, but the difficulty of obtaining the specific compound is significantly increased. 
Inadequate explanation of the instructions also easily lead to the need to protect the technical program is considered not belong to a general idea of the invention, and thus the lack of unity. Although these defects can be overcome by filing applications, this would extend the review cycle of the parent and shorten the actual validity of the patent. 
4、There are too many types of disease 
This situation is often present in patent applications for pharmaceutical inventions. In order to broaden the scope of protection, applicants tend to include pathways / mechanisms related to the scope of treatment of the drug. However, the production of the disease is the result of a combination of a variety of factors, and a drug that works on a factor may not be able to treat the disease. Therefore, unverified diseases in the specification are often difficult to obtain patent protection. In addition, this situation has a greater impact on other pharmaceutical uses of the drug. Compounds A can inhibit a variety of vascular endothelial growth factor (VEGF) -related diseases in order to broaden the scope of protection, and the compound A can be used to treat a variety of vascular endothelial growth factor (VEGF) Such as liver cancer, prostate cancer and so on. Since the application only demonstrates that compound A is effective in the treatment of colon cancer, the patent office is granted patent rights only for the use of Compound A in the manufacture of a medicament for the treatment of colon cancer. Later, the Applicant has found that compound A has a significant effect on prostate cancer and wishes to apply for a patent for the use of Compound A in the manufacture of a medicament for the treatment of prostate cancer. However, since the prior application discloses that the effect of compound A through a pathway / mechanism includes the treatment of prostate cancer, the latter application will be difficult to obtain authorization due to novelty / creativity problems. 

In conclusion: 
In summary, the applicant should grasp the full disclosure of the specification scale, to avoid the background of the technical disclosure is not appropriate, known common sense of excessive explanation, improper explanation of the instructions, the type of disease listed too much and so on the application or follow-up applications have a negative impact. In grasping the above scale, you can consider the progress of research and development, the state of the existing technology, the results of existing technology and patent layout and other factors.
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