Interpretation of the Clause of Essential Technical Features of the Implementing Regulations of the Patent Law
[Purposes]The objective of this study is to deepen the understanding of the clause of essential technical features of the Implementing Regulations of the Patent Law through analysis,and to provide ref-erence for the drafting of patent application documents and patent examination.[Methods]Based on rel-evant provisions and practical cases,key problems related to essential technical features were discussed.[Findings]The"technical problem"in the clause of essential technical features refers to the technical problem disclosed in the contents of the invention part of the description,but in the practical application of the clause,there is a certain degree of flexibility in the determination of the technical problem;there is overlap between the clause of essential technical features and Article 26.4 of the Patent Law.[Conclu-sions]When judging whether a technical feature is an essential technical feature,it is necessary to con-sider not only the technical problem disclosed in the description,but also the overall content of the de-scription;when drafting independent claims,the applicant may reasonably summarize the technical solu-tion,rather than including all the technical details.
essential technical featurestechnical problemexisting technologyspecial technical fea-turesoverlap of articles of laws
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