Research On Criteria Of Patent Inventive Step

Inventive step is one of necessary conditions of the invention for patent protection. Based on practical experience and theoretical thinking and analyzing concept of inventive step its determinants, this paper compares inventive step of the United States and Europe and other developed countries on the basis of grasping the basic spirit of the patent law. This dissertation explores criteria of inventive step in China's patent law and what needs to be perfected, also gives advice for law changes and the future practical operation.Chapter one defines inventive step and discusses its system meaning. Section one introduces the inventive step of U.S. Patent Law, the European Patent Convention and China's Patent Law. Section two illustrates the importance of the establishment of system of inventive step and significant role of inventive step criteria in patent protection.Chapter two gives assessment elements for inventive step. Section one elaborates the concept of"a people skilled in the art", the function in inventive step assessment of"a people skilled in the art", and the difference between"a people skilled in the art"and a people skilled in reality. Section two discusses the definition of the prior art and its components, and the determining rules of the closest prior art. Section three analyzes the definition of a common knowledge and its identification of burden of proof in the law of the United States, Europe and our country.Chapter three studies international criteria and assessment methods of inventive step. Section one introduces criteria and assessment methods of the inventive step, starting from the inventive step evolution in the United States, KSR case. Section two introduces European criteria and assessment methods of inventive step through introducing the"problem-solution"approach, confirming"the closest prior art","the technical problem"and non-obvious assessment(could-would approach) and so on. Section three compares and analyzes criteria and assessment methods of inventive step between the United States and Europe.Chapter four illustrates criteria and assessment methods of inventive step in Chinese patent law, and gives what needs to be perfected. Section one sums up criteria and assessment methods in our country, based on analyzing the relationship between general criteria, prominent substantive features and notable progress. Section two makes advice on improving our assessment criteria and methods of inventive step in terms of the role of"a people skilled in the art", teaching, extention of suggestion, application of limited experimentation, the function of assistant factors and etc.