Chemistry inventions in the majority of cases require experimental results for validation, only after which can they be confirmed. Here we will explore the importance of experimental data in applications for chemical patents.
Yang Qing
中原信达
合伙人、专利代理人
Partner, Patent Agent
China Sinda
Full disclosure
The third paragraph of article 26 of the Patent Law specifies that “the description shall provide a clear and complete description of the invention or utility model such that a person skilled in the art could realise the same”. Pursuant to the Patent Examination Guidelines, the phrase “such that a person skilled in the art could realise the same” means that such a person skilled in the art could, based on the information contained in the description, realise the technical solution of the invention or utility model, resolve its technical issues and produce the anticipated technical effect.
A problem often seen in applications for chemical patents is a lack in the description of qualitative or quantitative experimental data for realising the purpose and/or achieving the anticipated effect. Consequently, a complete description of the invention is not established, resulting in insufficient disclosure.
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