A detailed description of the patent application is one of the mandatory requirements when registering a patent. Patent description is a complicated step, requiring the writer to have in-depth professional knowledge of the field of the patent, understand the patent nature, and also clearly understand the legal requirements when implementing. Therefore, this article will summarize some important requirements that patent applicants need to keep in mind and ensure when describing a patent.
In this stage, the applicant must describe in detail one or several methods of implementing the patent so that a person with average knowledge of the corresponding technical field can achieve the purpose of the concerned patent or implement the concerned patent.
1. Description of embodiments of structural-type patents
A structure shall be described by components and connections (static state) based on the symbols on the drawings. Connecting features shall be fully described to include all of the technical characteristics of the structure in complete states. When needed, a description of an embodiment may include technological features that are used to produce the components or groups of components of the structure.
After the structure at static state has been described, operation of the structure or method of using the structure shall be described by showing each step of the operation, or the interactivity between thecomponents, groups of components of the structure.
Frameworks and functions of a structure shall be fully described, unless these details are obvious. In some technical fields (such as computers), description of the function would be more appropriate than description of the structure.
2. Detailed description of embodiments of patents relating to composition of matter
For a specific chemical compound with definite compositional formulas, compositional formulas, any known testing methods thereof, physical and chemical constants, processes from which the compound is obtained shall be fully described.
For medicine used on human and animals, any discovered features, effects from using the medicines, cause of sickness, method of production, test result of toxicity and effect of the medicines, quantity, how to use the medicine and, if any, any side effects shall be described.
For a chemical compound obtained from biological materials, methods of biosynthesis which involve the material, data of the biological materials in case information on the deposit of the material is required.
For a novel compound that are biologically active, biological activities and toxicity indexes, and in some circumstances, selectivity of effects and other indexes shall be described.
For a product with indefinite or complex structure (such as polymer) or product which is a mixture of many different constituent elements (such as extracts or fractions), the product may be identified by its preparation processes (for example, product X obtained from process Y), by physical and chemical parameters or by its properties, given that these features are sufficient to compare and contrast the product with other known products.
3. Detailed description of embodiments of patents relating to biological material
The term “biological material” means any materials that contain genetic information and can self-regenerate or regenerate in the biological system.
For a biological material patent, catalog data and sources of the biological materials, data on qualitative and quantitative compositions of the culture medium, culture conditions, culture time, characteristics of biosynthesis of useful products (with purposes), product performance, activity level, fertility of strains and detecting methods thereof shall be described.
Complete information about the identification of properties of a biological material shall be described in cases the biological material is already available in public. Inherent abilities of the biological material shall be described when the material is deposited to confirm the availability of the material.
For a patent related to gene, nucleotide sequences of the gene, amino acids sequences of protein modified by the gene, any modifications in the nucleotide sequences, combination of amino acid with the function of the gene, any functions and physicochemical properties, manufacturing process of the gene shall be described.
4. Detailed description of implementation methods of patents relating to processes
Sequences of performing a process (tasks or steps), specific conditions (temperature, pressure, time, …), structures, substances, and any biological materials used in the process shall be described. When a process is characterized by use of mediums (structures, substances, and biological materials) that have been known before the priority date of its Application, it is sufficient to mention only the names of the mediums. When new mediums are used, they shall be described in detail and in drawings (when needed).
For a process of obtaining a new group (or a series) of chemical compounds indicated by a general structural formula, example of at least the specific preparation of a compound by the process shall be described. When the group includes compounds with chemically different radicals, there need to be sufficient number of examples to demonstrate the obtainability of these compounds. For preparation of compounds that constitute a group (series), structural formulas proven by known methods and by physical and chemical properties shall be described. Information on the functions or any biological activities of the new compounds also needs to be described.
For a process of obtaining polymer compounds that do not have any definite formulas, necessary data are required to identify them, information on the primary reagents to obtain the compounds, information attesting to the achievability of the intended effect of the compounds such as information on the properties of the new use shall be described.
For a process of obtaining mixture that does not have any definite composition and structure with functions or bioavailability, examples relating to the process, order and condition to perform the process, necessary information on identifying the mixture, information attesting to the achievability of the intended effect of the mixture such as information on the properties of the new use shall be described.
For a process of obtaining products that are made of or contain materials of indefinite structure, information to identify the materials and products, data on the properties of the materials, data on the technological characteristics of the constituent elements and/or the products shall be described.
The above provides a summary of key requirements for drafting a patent description. However, these are not exhaustive, and additional requirements may apply. Furthermore, when crafting a patent description, the applicant must strike a balance between meeting legal requirements and preventing over-disclosure, which could lead to infringement by others seeking to exploit or copy the patent. To ensure accurate and comprehensive patent descriptions, applicants should seek guidance from consulting firms and patent experts throughout the process.
Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Intellectual Property Rights and contact our team of lawyers in Vietnam via email info@apolatlegal.com.
