SIPO Clarifies Examination Standards for sufficiency of disclosure for chemical inventions

Announcement Description

Dec. 4, 2013, SIPO held a news briefing to clarify examination standards under Article 26.3: sufficiency of disclosure as it pertains to chemical & medical inventions.  In the statement, SIPO affirmed that experimental data submitted during examination would be considered as evidence to substantiate assertions in the specification, noting that it must comport with requirements on authenticity, relevance and legitamacy.  SIPO, however, further stated that in some instances, wherein experimental data are essential to establish the technical solution, such data must still be in the specification as filed.  The mere assertion of a new use for a known compound, which use is contrary to the prior art, was given as an example of such a circumstance where data would usually be essential in the original description to find sufficiency of disclosure for such claims.

(See Developments in IP Practice in China link for a more detailed report.)




Created at 1/21/2014 12:03 PM by R. Tucker
Last modified at 1/21/2014 12:03 PM by R. Tucker