一般认为,法律是主权者所宣布的强制性命令,且这种命令最终依靠对其违背的惩罚而获得效力。然而,法律的“命令说”虽然说明了法律的静态性质,却未能圆满地回答某些关键问题。专利说明书为专利权力的蓝图,需达到最佳模式的目的在于避免发明人取得专利的同时,隐藏其申请时认为最佳的实施例。一旦申请时未注意技术内容特征而导致发证后涉及权利范围变更,其影响甚大,本文讨论专利确权后的范围变更问题,同时也对中美制度作一比较。 It is generally accepted that law is a mandatory order announced by the sovereign and that such order ultimately depends on the penalty for its breach. However, the “order” of law states that the static nature of the law fails to satisfactorily answer certain key questions. The patent specification is a blueprint for patent rights and the best mode to achieve is to avoid the inventor’s finding of the best patent for concealment of his application. Once the application did not pay attention to the technical characteristics of the content and lead to changes in the scope of rights after the issuance of the license, which has a great impact, this article discusses the issue of scope changes after the confirmation of the patent, but also to make a comparison between China and the United States.