Practice Areas | Patent | Q & A
1. What are the examination procedures for an invention patent application?

In principle, an invention patent application will be examined in the order of unity of invention, industrial applicability, novelty, and inventive steps. Exceptions are possible depending on the actual examination.

In general, if the result of the examination includes several aforesaid reasons for rejections, the applicant will usually receive one notification. If the examination concludes that the invention does not possess novelty, no further examination will be conducted to determine its inventive steps.

2. What are the important elements that should be included in a specification?

The contents of a specification should include the following items: the technical fields to which the invention relates to, prior arts, summary of the invention, methods to implement the invention, a brief description of the figures in the drawings, etc. The specification shall be written in the aforesaid order, and preceded by a heading.

Due to the nature of the invention, a different order and manner may be adopted to present a better understanding of the technical features. For example, for an invention with simple inventive concepts, as long as those skilled in the art to which the invention relates to consider that the contents of the specification can clearly and thoroughly present the necessary technical features, a different written order and manner may be used.

Whether the contents of the specification are clear and complete, or whether the invention can be implemented, is not absolutely related to the drafting format of the specification. If the specification does not contain a sufficiently clear and complete disclosure of the contents of the invention, not only does it not comply with the formality requirements of the drafting format, but also fails to fulfill the requirements of complete disclosure to enable implementation. Thus, it will be deemed not fulfilling the requirements.

3. Does the later part of Paragraph 3 of Article 26 of the Patent Law, “each claim shall be written

If the examples in the specification can support the claims, the drawings do not need to include several examples. Likewise, if the specification has included examples that can support each claim, the claims can be written to include claims that support several examples.

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