A Study On The Creative Standards Of Sino - American Patent Law

Inventiveness or non-obviousness is one substantial requirement for granting a patent. The legislation of the inventiveness or non-obviousness not only reflects a nation’s patent policy but also impacts its national economy development. There are many things in common and distinctions as well between China and U.S. patent system in terms of the obviousness determination. This paper is trying to find out all those distinctions and overlaps though comparison between the two patent systems and further to come up with ideas to improve our current patent system on the basis of the research.In first chapter, a detailed description of the inventiveness and its legislative purpose are presented which are used to help understand the following comparison of patent examination of different countries. Relevant notions and concepts are clarified in depth by comparison manners which help to lay the foundation for understanding the coming introduction of patent examination principles and procedures.In chapter two and three, further analysis of the obviousness determination are presented in terms of the principles and baselines. Through the compassion, firstly, we find out that the guideline for obviousness determination is its own patent law and relevant regulations. Although the inventiveness defined as the prominent substantial features and notable progress, it is thought that it is identical to the definition of obviousness in U.S due to the notable progress is seen as an additional consideration. Secondly, concerning who can judge the obviousness determination, both have the hypothesis person namely skill person in art, but the skill person in Chinese regulation with less capability of creativeness than that of U. S. Lastly, regarding the criterion for examination, China adopts the three-steps while U. S employs the Graham analysis and TSM test. The bar of obviousness determination in U. S has been elevated a little higher by the KSR case recently. In the final chapter, some suggestions and proposals are brought up based.on the previous discussion and the current situation we are facing.