专利审查操作规程[2011]实审分册(5)

最新专利审查操作规程,实审分册

总 目 录

总 目 录

第一章 不授予专利权的申请

1 专利法第2条第2款的审查····················································································3 2 专利法第5条的审查································································································6 3 专利法第25条的审查······························································································7

第二章 说明书和权利要求书

1 说明书应当充分公开······························································································21 2 权利要求书应当以说明书为依据··········································································30 3 权利要求书应当清楚······························································································36 4 权利要求书应当简要······························································································50 5 必要技术特征··········································································································51

第三章 新 颖 性

1 现有技术··················································································································55 2 抵触申请··················································································································62 3 新颖性审查的特殊问题··························································································62 4 对同样的发明创造的处理······················································································66

第四章 创 造 性

1 突出的实质性特点的判断······················································································75 2 预料不到的技术效果的判断··················································································83 3 发明不具备创造性的评述······················································································84 4 理解发明创造的形成过程，避免“事后诸葛亮”··············································86

第五章 实 用 性

1 审查对象··················································································································91

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