Research On Trends In The United States Patent Protection

Non-obviousneSs is the essential property and the basic requirements of patent,be aimed at:Patent will be granted to creative work,which is highly different with the existing technology,in order to stimulate people to engage in genuine innovation.As a result of a patent with the existing technology is rarely the same,it becomes an important way to challenge of patent claims or to invalidate patent authorization through lack of non-obviousness.But how to determine the creative standards is a problem of patent law for every country.United States gradually established unified and stable creative criteria through different cases,and the "teaching-suggestion-motivation" standard has been introduced as the specific guidance by the United States Court of Appeals for the Federal Circuit(CAFC) in 1982.CAFC has strictly enforced the "teaching-suggestion -motivation" standard in the KSR case.However,"teaching-suggestion-motivation" standard objectively prevented the subjective arbitrariness of a judge or examiner in determining the non-obviousness,but it be deemed to leveled down the creative standards,so that some of the obvious inventions granted the patent or the validation of the patent been extended,therefore patent becomes overmuch and inundant,and the scientific and technological innovation been impeded. April 30,2007,United States Supreme Court made the final decision on KSR case,involving the most important conditions for patentability,that is, the criteria of non-obviousness.United States Supreme Court clarified their stand on issue of determination the non-obviousness in patent again in KSR case after 41 years of the decision made on the GRAHAM case in 1966, this decision questioned the "teaching-suggestion-motivation" standard,to correct its formalist and rigid application,attempts to re-establishment a new balance of determine the non-obviousness,KSR case been viewed as vane of improve the requirement of patent non-obviousness and reduce the protection of existing technology,as well as the United States will also the rest of the world's patent system have an significantly influence.The core of this article is the trends in U.S.Patent protection reflected from the KSR case study,it focusing on the recent development of U.S. patent policy and an in-depth study of its reasons,based on the review in the current patent policy,analysis the pros and cons of the existing patent protection policy,it points out that the existing policy basically caused U.S. patent granted overmuch and inundant;also in-depth analysis of the Substantive standards of the existing patent grant.This article also followed a series of initiatives rapidly introduced after KSR case by the U.S.Patent Office and the Judicial Authorities,the latest trends of the U.S.patent policy are reflected in the efforts to reduce the patent protection,to make it directed to more incline towards infringement and increase the burden on the patentee's.The attitude change of U.S.patent policy is reaction of patent-intensive and "patent bush" phenomenon,it reflecting the protection of core inventions,and meets the requirements of U.S.patent policy at this stage,it will have a profound impact on the U.S.patent policy.KSR case reveals the current U.S.'s true attitude of the patent strategy, through the improve of patent system continually,to maintain its global interests the largest and best,in order to better serve the public interests and the country's overall progress,and this is worth to be learned by us.This article is on basis of the study of new trends in U.S.patent policy,combine of our innovation and development status quo,as well as the history requirement of China's patent policy and international situation at this stage, to maximize the protection of the interests at our country's point of view,to seek suitable patent protection policy for China,and proposed thinking and recommendations for perfection the patent policy in China.