论专利的充分公开制度-法律专业毕业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Full disclosure a special term used in the patent law theory, does not directly appear in the specific provisions of the Chinese patent Law. The paper explores the questions of full disclose from another view trough comparing the Chinese, the United States and the European patent law, guidelines and patent practice, try to get their differences and the influence on understanding and applications of patent. At last, the article tries to give some suggestions of patent examination guidelines formulated by SIPO. This paper consists five major chapters. The first chapter introduces statutory requirements of sufficient disclosure from the difference between the national legislation and international treaties. The second chapter deals with the person skilled in the art in the judgment of full disclosure through the comparative analysis of the relevant provisions of China, the United States and the European Union, comes to get the main differences of different countries about the judgment object matter, combings the range of the Existing technology, suggest combining application of the principle of application documents with the existing technology. The third chapter observes developments of judgment standard of sufficient disclosure in Patent Examination Guidelines formulated by SIPO and gives amendments about matters of standards of enablement, explores the difference of relevance between “sufficient disclosure” and “practicality”. The forth paper get conclusions by the comprehensive analysis a case related sufficient disclosure and get different understanding and application of sufficient disclosure in patent examination and invalidation proceedings. Keywords: Sufficient disclosure The person skilled in the art Enablement Existing technology III III 目 录 摘 要······················································································ I Abstract································································