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自1985年4月1日我国专利法生效以来,专利申请的数量不断增加,申请文件的撰写质量也在不断提高。但是,仍有许多具有新颖性、创造性和实用性的专利申请,由于权利要求的撰写不符合专利法和专利法实施细则有关条款的规定,导致了審查程序的延长。从1993年4月1日起施行的我国首次发布的“審查指南”中,对专利申请进行審查的各阶段的要求作了较详细地说明,使专利法舆专利法实施细则的有关条款内容更加具体化。本文将依据“審查指南”第二部分(实质審查)中就权利要求,特别是独立权利要求
Since the entry into force of the Patent Law of our country on April 1, 1985, the number of patent applications has been continuously increasing, and the quality of writing application documents has also been continuously improving. However, there are still many patent applications with novelty, inventive step and practicability. As the drafting of the claim does not comply with the provisions of the Patent Law and the Regulations of the Patent Law, the examination procedure is prolonged. From April 1, 1993 came into effect in our country for the first time “Review Guide ”, the examination of patent applications at all stages of the request made in more detail, so that patent law patent law implementation details of the relevant provisions More specific content. This article is based on the claims in the “Guide to Examination Guide”, Part 2 (Substantive Examination), in particular the independent claim