SIPO新审查员一般是会要求加小标题的
对于没有小标题的PCT新申请,我通常在译文中补加上小标题再提交。
关于PCT小标题是否必需的问题,请看专利合作条约细则(Regulations under the
Patent Cooperation Treaty)第5条之1:
Rule 5
The Description
5.1 Manner of the Description
(a) The description shall first state the title of the invention as
appearing in the request and shall:
(i) specify the technical field to which the invention relates;
(ii) indicate the background art which, as far as known to the
applicant, can be regarded as useful for the understanding, searching and
examination of the invention, and, preferably, cite the documents reflecting
such art;
(iii) disclose the invention, as claimed, in such terms that the
technical problem (even if not expressly stated as such) and its solution
can be understood, and state the advantageous effects, if any, of the
invention with reference to the background art;
(iv) briefly describe the figures in the drawings, if any;
(v) set forth at least the best mode contemplated by the applicant
for carrying out the invention claimed; this shall be done in terms of
examples, where appropriate, and with reference to the drawings, if any;
where the national law of the designated State does not require the
description of the best mode but is satisfied with the description of any
mode (whether it is the best contemplated or not), failure to describe the
best mode contemplated shall have no effect in that State;
(vi) indicate explicitly, when it is not obvious from the description
or nature of the invention, the way in which the invention is capable of
exploitation in industry and the way in which it can be made and used, or,
if it can only be used, the way in which it can be used; the term “industry”
is to be understood in its broadest sense as in the Paris Convention for the
Protection of Industrial Property.
(b) The manner and order specified in paragraph (a) shall be followed
except when, because of the nature of the invention, a different manner or
a different order would result in a better understanding and a more economic
presentation.
(c) Subject to the provisions of paragraph (b), each of the parts
referred to in paragraph (a) shall preferably be preceded by an appropriate
heading as suggested in the Administrative Instructions .
......
其中提及的专利合作条约行政规程(ADMINISTRATIVE INSTRUCTIONS
UNDER THE PATENT COOPERATION TREATY)第204章建议使用如下标题:
Section 204
Headings of the Parts of the Description
The headings of the parts of the description should be as follows:
(i) for matter referred to in Rule 5.1(a)(i), “Technical Field”;
(ii) for matter referred to in Rule 5.1(a)(ii), “Background Art”;
(iii) for matter referred to in Rule 5.1(a)(iii), “Disclosure of Invention”;
(iv) for matter referred to in Rule 5.1(a)(iv), “Brief Description of Drawings”;
(v) for matter referred to in Rule 5.1(a)(v), “Best Mode for Carrying Out the Invention,” or,
where appropriate, “Mode(s) for Carrying Out the Invention”;
(vi) for matter referred to in Rule 5.1(a)(vi), “Industrial Applicability”;
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