United States Inventive Review And Its Implications For China

Creativity,or non-obviousness, is an important element for obtaining a patent. It is not difficult to understand it only from the conceptual point of view, however, to define creativity is another thing. Creativity plays an important role in the patent system, to achieve the purpose to patent requires creativity examination play a role of regulating. U.S. patent review system comes mainly from case law, up to now, the case law has had a constant development, the patent system has been evolved continuously, and as for the U.S. patent examination system, it has become one of the most perfect systems in the world, it has a unique review in addressing the issue of creativity. Therefore, to study the U.S. patent system, particularly the U.S. patent examination guidelines, will have great enlightenment to China, particularly in optimizing our patent system.As the American legislative tradition has its special nature, many provision concerned with the U.S. patent system are in a variety of documents materials, including the United States Constitution, patent law, case law and the United States Patent and review guides.The principles of the creative review in U.S. patent examination guidelines includes the principles of Graham exploring the basic facts and reasonable inference principles. The main content of the rules review are the contents and methods of applications, as well as the rejection to applications and relief for rejection, U.S. patent examination guide features include a rich expression of specific principles of flexibility, the rules reflect the practical refinement, citing a large number of precedents and case reflects the image of nature, using an analogy of words reflects the practical, case law and substantive law reflects the development of the interaction.After many amends, our patent creative review has had a integration with the international practice, but there is still a problem. United States Patent Review has provided us a guide, including adding the specific principles in principle of rich; rules of refinement; adding some cases to illustrate; using some figurative language, and to make a lot of changes in time.