The Innovation Of Patent Non-obviousness Standard In The U.S. And Its Inspiration To China

Patents need to meet certain conditions: Novelty, Non-obviousness and Utility. For an invention to be patentable ,it should not be obvious meaning that a person having ordinary skill in the art would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Non-obviousness is the most subjective element, and its standards are difficult to grasp. The development of Non-obviousness suffers subjective to the objective. However the patent would trigger a series of over-objective problems. Non-obviousness standard should be scientific, and promote the social development.This article is divided into four chapters. The first chapter introduces some basic knowledge of patents, including the definition of Non-obviousness and its development. It introduces the development of Non-obviousness, discusses the impact of the over-objective problem and challenges.Chapter two introduces KSR case, describes the case of KSR make adjustments to Non-obviousness .By compared with two cases, analysis Non-obviousness criteria in U.S.Chapter three by comparing the similarities and differences of Non-obviousness in China and U.S, make some suggestions for Non-obviousness. The suggestions include the amendment of the definition of technical staff in the field, and improve the Non-obviousness methods. Expect these suggestions could promote technology, and encourage innovation.