Drafting Format of Patent Application Scope Is Substantially Simplified.

Intellectual Property Office (IPO), Ministry of Economic Affairs announced on May 8 that the amended Enforcement Rules of the Patent Law greatly simplified the drafting format of the patent application scope and such amendment will be enforced on July 1, 2004.

 

Chief of the Patent Division of IPO, Cai Se-Jhen (蔡瑟珍), indicated that the drafting format of two-parts form is added to such amendment. The two-parts form divides the patent specification into “preface” and “characteristics”. The “Preface” shall contain the object of patent application and the necessary technical features shared with the previous technique, and the “characteristics” shall contain the technical features deriving from the patent. It is usually difficult to specify the structure or nature of the invention concerning complex technique combination. Moreover, the means—plus-function language is also added to the Enforcement Rules to specify the scope of patent application. The characteristics of such method is that one does not have to explicate the structure or material of the elements, but simply present the means or steps of actualizing a certain function so as to simplify relevant complicated explanation.

 

In order to shorten examination procedure, the patent application shall bear the description of invention so that the examiners are able to quickly understand the major technical content of such invention or device. The patent specification shall indicate the feature and improvement of such invention so that those who are familiar with such invention can realize its entire content and thus practice it. The above-mentioned is the object of this amendment. Meanwhile, the method of one claim-by-claim examination will also be adopted to solve the disputes over the approval and rejection of patent application. (2003.04)

CYJ/CCS