Sufficient Disclosure of chemical invention patent in China

Borsam IP
Borsam IP

Chemistry is generally based on experiments and is a typical unpredictable scientific field. For the description of chemical inventions, general inferences or simple descriptions is not enough. When preparing a patent application, the requirements of sufficient disclosure is necessary and particularly important in China.

Sufficient disclosure should have been determined on the filing date. That is, sufficient disclosure should be based on the specification and claims submitted on the filing date. The experimental data supplemented after the application date can only be used to prove that the facts or statements in the original application are correct.

So, for invention patents in the chemical field, what are the special requirements for sufficient disclosure?

I. Sufficient Disclosure of chemical product invention

Where the claimed invention is a chemical product itself, the description shall describe the identification, preparation and use of the chemical product.

1. Identification of a chemical product

As for the invention of a compound, the description shall indicate the chemical name and the structural formula (including various function groups, molecule steric-configuration and so on) or the molecular formula of said compound. The explanation of the chemical structure shall be clear enough to enable a person skilled in the art to identify the compound. In order to clearly identify the claimed compound, the description shall describe the chemical/physical property parameters (such as the various qualitative or quantitative data and spectrum, etc.) relating to the technical problem to be solved by the invention.

As for the invention of a composition, besides the components of the composition, the description shall describe the chemical and/or physical state of each component, the range of selection of each component, the range of content of each component and its effect on the property of the composition.

As for a chemical product which cannot be clearly described merely by its structure and/or composition, the description shall further state the product by proper chemical/physical parameters and/or the manufacturing process, so that the claimed chemical product can be clearly identified.

2. Preparation of chemical product

The description of a chemical product invention shall describe at least one preparation method and disclose the raw materials, procedures, conditions and specially adapted equipment used for carrying out the method so as to make it possible for a person skilled in the art to carry it out. In the case of a compound invention, the example of its preparation is usually required.

3. Use and/or its technical effect of chemical product

As for a chemical product invention, the use and/or its technical effect of the product shall be completely disclosed. For a new pharmaceutical compound or pharmaceutical composition, not only its specific medical use or pharmacological action, but also its effective amount and the method of application shall be described.

As for the property data showing the effect of the invention, the method used to measure it shall be specified when various measuring methods for it in the prior art yield different results. If it is a special method, it shall be explained in detail to enable a person skilled in the art to carry it out.

II. Sufficient Disclosure of Chemical Process Invention

For a chemical process invention, regardless of a process for preparing a substance or any other process, the raw materials, procedures and processing conditions adopted in the process shall be described. If necessary, the effect of the process on the property of the title substance shall be described. As for the raw materials used in the process, the components, property, manufacturing process or source of it shall be described in such a manner that a person skilled in the art can obtain it.

III. Sufficient Disclosure of Use Invention of Chemical Product

As for a use invention of a chemical product, the description shall describe the chemical product to be used, the method for using the product and the effect to be achieved to enable a person skilled in the art to carry it out.

From the above we can see that it shall be record adequately when the inventor prepares the experimental data and materials required for the application, so that the patent attorney can sufficiently disclose the invention in the description, to avoid the application being rejected due to insufficient disclosure.