Case Study Aboutjudge Of Nonobviousness Requirement

The nonobviousness, embodied in patent law, is the most important obstacle that patent applicants face and the last threshold to patentability, which reflects the patent value and also is the most controversial issue between examiners and patent applicants. Many countries in the world have published their own examination standard, including China, but in the patent examination,the standards of nonobviousness are ambiguous and indeterminate.This paper, divided into three parts, reveals some weaknesses of the measures for the task of judging nonobviousness based on the special cases and provide some solutions. The first part introduces the various situations and elements of judging nonobviousness, including the person having ordinary skill in the art, the prior art, the steps of judging nonobviousness among others theoretically.The second part introduces different aspects of judging nonobviousness, for instance, the ascertainment of the scope and content of the prior art, the substantive characteristics, the level of ordinary skill in the art, and also analyze technical weaknesses of nonobviousness standards in the connection with the special cases, including the person skilled in the art, prominent substantive features and notable progress, it is impossible to measure the level of ordinary skill, and therefore impossible to determine whether the invention is non-obvious.The third part provide several specific measures as to the issues during the judge of nonobviousness , pointing out that the baseline level of ordinary skill in the art is essential to judging the nonobviousness of a given invention, but remains only vaguely identified concerning whether an invention was obvious for the requisite judgment of the person of ordinary skill. It is proposed that predictability of technology should be a relatively easy factor to apply.