2011年版专利审查操作规程实审分册1

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1、第一章不授予专利权的申请第一章不授予专利权的申请目录1专利法第2条第2款的审查·························································3（1−1）1.1技术方案的判断·············································································3（1−1）1.1.1技术方案的判断原则························································

2、·············3（1−1）1.1.2技术方案判断的注意事项·····························································3（1−1）1.1.3技术方案判断示例·········································································3（1−1）1.1.4撰写审查意见应注意的问题······················································

3、···5（1−3）1.2不属于专利法意义上的产品发明·················································5（1−3）2专利法第5条的审查·····································································6（1−4）2.1审查对象·························································································6（1

4、−4）2.2审查注意事项·················································································6（1−4）3专利法第25条的审查···································································7（1−5）3.1专利法第25条的审查对象···························································7（1−5）3.

5、2智力活动的规则和方法·································································7（1−5）3.2.1产品权利要求中涉及的智力活动的规则和方法·························7（1−5）3.2.2智力活动的规则和方法的审查·····················································8（1−6）3.2.2.1单纯的智力活动的规则和方法的权利要求·························

6、········8（1−6）3.2.2.2智力活动的规则和方法与技术特征组成的权利要求·················9（1−7）3.2.2.3审查意见撰写示例·········································································9（1−7）3.3疾病的诊断和治疗方法·······························································10（1−8）3.3.1疾病的诊断方法··········

7、·································································10（1−8）3.3.2疾病的治疗方法·········································································15（1−13）3.3.3治疗目的的外科手术方法·························································15（1−13）3.3.4美容方法··········

8、···········································································15（1−13）3.3.5审查意见撰写示例·················································