The Research On Substantial Elements Of The Patents

Patent system, with the development of commodity economy together, is the product of a certain historical stage. Intellectual property rights is an intangible property right, but not all knowledge can be a sense of patent law property rights. Only those which meet the knowledge requirements of patent law in order to be granted the patent, and thus protected by national laws.The Substantial elements of patents is the core of the patent system in the country, To obtain patent rights must meet the substantial elements on patent law. In China, the elements of the invention or utility model patents including the Format elements and substantial elements. Format elements of the patent, generally refers to a patent application should meet the requirements of patent law on the conditions specific format, substantial elements generally associated with the invention itself, inventions and utility models generally include novelty,inventiveness and usefulness, known as three elements. Designs also include general conditions of novelty and usefulness, but some countries also include the element of creativity.Substantive conditions of the patent not only depends on the development of a country's economic, but also to adapt the world patent system, while also pay attention to the balance between the community and the inventor. The John Locke's labor theory of worth theory and increased labor theory,and Work motivation theory is in real terms of patent substantial elements. The description of Japan, the United States and other countries on patent law about the substantial elements should be our country of reference and absorption.The substantial elements of China's inventions and utility models generally include novelty, inventiveness and usefulness. Designs include novelty and Practical. Although the third revision of the Patent Law, patent substantial elements to China's novelty, creative means to determine the principles and methods to judge the focus of the discussion. In conclusion the paper points out after the third revision of the Patent Law, the novelty, creativity and practicality are still shortcomings. As China's economy has not developed enough, technology is not advanced enough, with the absolute novelty standard is still difficult. For the Creativity, primarily rely on subjective judgments examiners, is still a lack of objective criteria. The beneficial effects produced by the practicality of judgments, it is only a forecast, and certainly all of its reality. Thus, according to our patent licensing conditions that exist in real terms, the paper proposes to further improve the conditions of our patents real novelty, inventiveness and usefulness of legislative proposals.