Patent Substantive Conditions Of Patentability

The substantive requirement for a patent is a core part of a whole patent law. This dissertation tries to study the substantive requirement for a patent systematically and allsidedly by combining with patent theories and practices of China and foreign countries, in particular, combining with the patent theories and practices of the United States, the European Patent Office and Japan, combining with the practices of Chinese patent administrative examination and Chinese judiciary judgment, combining with the developments of the elements of modern science and technology, society, economy, and so on.The dissertation has two parts. The first part is divided into three chapters that discuss the substantive requirements of invention and utility model.The first chapter is "the practical applicability of invention and utility model" which discusses the meaning of practical applicability, the basic principle to decide the criterion of practical applicability, practical applicability and sufficiency of disclosure of technical solution, ordre public or morality and practical applicability, methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body and practical applicability, the requirement of therapeutic or pharmacological utilities in United States, computer program or methods of doing business and practical applicability, practical applicability and a patent application which is contrary to natural laws, and so on.The second chapter is "the novelty of invention and utility model" which discusses the general principle of novelty, the disclosure of technical solution, the determination of obligation to confidentiality, the disclosure by publication, the disclosure by use, the disclosure by other means, the disclosure through the Internet, conflicting application, the exception to lack of novelty, the basic principle to determine novelty, and so on.The third chapter is "the inventive step of invention and utility model" which discusses the meaning of inventive step, the skilled person in the art, the state of the art, the method to assess an inventive step, the inventive step of utility model, and so on.On the research work about the substantive requirements for a patent, the patentability of biotechnological inventions has become a focal and difficult issue that is being discussed and studied by people as the modern biotechnology in which the genetic engineering is a core part is developing quickly. In particular, in west developed counties, although the theory and practice of the patentability of biotechnological inventions has been developed considerably, the issue is still being discussed and developed.According to the theory and practice of the patentability in the field of biotechnological inventions in the United States, the European Patent Office, and Japan, the second part of the dissertation discusses the patentability of biotechnological inventions by considering the elements of technology, economy, industrial policy and ethics, and combining with the related patent practice in China.The first chapter discusses the patentable subject matter of biotechnological inventions which including the patentable subject matter scope of biotechnological inventions in the United States, the European Patent Office, Japan, and China, the argument about invention and discovery relate to gene, and the relationship between ordre public or morality and the patentability of biotechnological inventions.The second chapter discusses the utility of biotechnological inventions which including thecriterion of the utility of biotechnological inventions in the United States, the criterion of the utility of biotechnological inventions in Japan, the basic principle to decide the criterion of the utility of biotechnological inventions, the utility of DNA inventions, and the utility of biotechnological inventions in China.The third chapter discusses the novelty of biotechnological inventions which including the particularity of the novelty of b...