Article 56 Paragraph 3, Article 26 Paragraph 3, 4 of the Patent Act before mended and promulgated, and Article 18 Paragraph 2 of the Enforcement Rules of the Patent Act stipulate that: “The scope of an invention patent right shall be determined based on the claim(s) set forth in the specification of the invention. The descriptions and drawings of the invention may be used as reference when interpreting the scope of the claims in the patent application.” The scope of claims shall indicate distinctly the invention for which the patent is claimed. Each claim shall be written in a concise manner and must be supported by the descriptions and drawings of the invention. The manner for disclosing the description, the claims, and the drawings of an invention shall be prescribed in the implementing Regulations of the Patent Act. In addition, an independent claim shall state the subject matter as claimed and the essential technical features of the invention.” The most important part of the specification is the claim(s). The claim(s) shall be the main basis when determining patentability, because it defines the extent of protection. As the scope of an invention patent right shall be determined based on the claim(s) set forth in the specification of the invention, the claim(s) shall be disclosed in a clearly, concise manner and be supported by the description and drawing(s). To elaborate, there are two purposes why the scope of claims should meet the Principle of Sufficiency of Disclosure:

1.The Public Purpose: In order to encourage invention and creation of the techniques promoting progress of the industry, the State grants exclusive patent rights. For the purpose of preventing duplicated inventions, reducing the risk of patent infringements and providing the proof of the granted right, the patentee discloses the content of a claimed invention with novel technique and utility in sufficient detail for the public according to the disclosure requirement. However, if a patent applicant does not disclose a claimed invention in sufficient detail, the invention and creation of the techniques do not become public due to the reservation. It therefore does not lead to the promotion and the progress of the industry. Accordingly, there is no need for the State to grant the patent right. Because the patentee is able to practice the monopoly right of the patent and forbid others to practice, the policy should balance the exclusive monopoly right and the public good.

2.The Private Purpose: The extent of the patent right means the extent of the protection from the law conferred by an invention patent. Therefore, the extent of protection which could be claimed by the patentee is depended on the scope of claims defined by the patent. The scope of an invention patent right shall be determined based on the claim(s) set forth in the specification of the invention. The descriptions and drawings of the invention may be used as reference when interpreting the scope of the claims in the patent application. Therefore, disclosing a claimed invention or creation in sufficient detail has important meaning for both protections for the patentee and the limitation of use for the public. Accordingly, the applicant shall provide concrete claims stating the essential technical features of the invention which the applicant seeks protection.

The Scope of Claims, the Claim(s), Independent Claim, Technical Features, Specification, Patentability, Clear, Concise, Sufficiency of Disclosure, Exclusivity, Utility