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Is a Claim Supported by the Description

  • Ren Xiaolan

摘要

A claim shall be supported by the description, which means that the technical solution in a claim shall be one that a person skilled in the art can conclude or generalize from the sufficiently disclosed content of the description, and shall not exceed the scope disclosed in the description. The reason why it is required by the Patent Law that claims be supported by the description is that the protection an applicant receives should commensurate with his or her contribution to the society, i.e., the protection scope of claims shall be the same as the scope disclosed in the description, neither overly broad to exceed the scope disclosed in the description, nor overly narrow to hurt the entitled rights and interests of the applicant for disclosing his or her invention. If the protection scope of a claim is overly broad to include prior art or an invention that (the applicant) has not completed yet but may be accomplished by other inventors in the future, the public’s interests may be harmed.