Research On Technicality & Practical Applicability Of Invention

With the rapid development of high-tech&industry on high-tech, a concentration on patent protection of the biotechnology, computer software and business method is arising zealously. Practical Applicability and Technicality of the patent substantive requirements step into an important status and function. The connotations of them are widely developed.To contrast with Novelty and Inventiveness of invention which are comparative characters, the Practical Applicability and Technicality are essential character of patent object. The requirement of Technicality embodies the basic rules of traditional patent system. In the process of patent protecting on software and business method in the developed country, such as in the U.S.A, Technicality was abandoned which should be attention. Technicality is also called as Utility or Industrial Applicability that is defined in deferent ways in the U.S.A and Europe countries, which especially relates to the bio-technology. While Utility is more accord with examination standards of patent than the Industrial Applicability.There is a hot controversy on the issues of the Practical Applicability and Technicality in the Substantive Patent Law Treaty by World Intellectual Property Organization. On the aspects of Technicality, the limitations of Technicality are cancelled in the U.S.A and in the Europe countries as well. However, the developing countries adopt an opposite attitude. On The aspects of the Practical Applicability, there is not a uniform attitude in the world, and a compromise attitude may be available, which is sustained the attitude in the U.S.A.On the basis of the traditional patent rules and social development in China, proper suggests could be available. On the one hand, the requirements of Technicality should be sustain in China, that is, relative regulations should be emphasized in patent law and examination standards could be subdivided. On the other hand, under the circumstances of China, precondition a appropriate standards of Practical Applicability could be selected by referencing American"specific,substantial & credible utility". In this sense, the patent system of China, especially the examination of patent on the bio-technology, computer software and business method fields, could be more reasonable and adaptive to the real interests of China's circumstance.