Burden Of Proof Of Well-known Common Knowledge

The"well-known common knowledge"is an important factor taken into account in the assessment of inventive activities of patent application, and is therefore also an important index of patentability in a country. The present thesis involves the issues relating"well-known common knowledge"in the administrative examination and approval and administrative litigation. The present thesis starts from the laws/regulations and practices relating the burden of proof of"well-known common knowledge"in China, and also in USA, Japan and European Patent Organization, discusses the relating issues by two parts, i.e., the applicable range of"well-known common knowledge"and judging methods thereof, and, the burden of proof of"well-known common knowledge".The present thesis includes: (1) Introduction, (2) General Discussion, (3) the Discussion of the burden of proof of"well-known common knowledge", and, (4) Suggestions,and,(5) Conclusions. In Introduction, the important sense of the issue of"well-known common knowledge"for the development of our country, and importance and necessity of the present study.In the general discussion, firstly, historic and active laws/regulations and practices relating the burden of proof of"well-known common knowledge"in China are summed up. Secondly, the problems and disputes relating the burden of proof of"well-known common knowledge"in administrative examination and approval and administrative litigation are analyzed. Next, the problems and disputes analyzed above are discussed in two aspect, i.e., (1) the connotation and attribute of"well-known common knowledge", in other words, what is"well-known common knowledge", what should be subjected the requirements and rules of proof thereof, and (2) the burden of proof of"well-known common knowledge", in other words, whether and how to proof, and the attribute of"evidences"of proof relating"well-known common knowledge"The discussion of the burden of proof of"well-known common knowledge"goes along in two aspects all the same.In the aspect of the connotation and attribute of"well-known common knowledge"of the present main parts, the connotations and definitions of"well-known common knowledge"in China, USA, Japan and EPO are compared in details, fatherly, the philosophic attribute and practical context thereof are analyzed, and based on the discussion above, the judging methods of"well-known common knowledge"and demonstrative examples thereof are given.In the aspect of the burden of proof of"well-known common knowledge", the relationship between the"well-known common knowledge"and"facts to be prove","judicial notices"are discussed based on the basic philosophic attribute, practical context, and jurisprudence analysis thereof, and fatherly, the way of proof, and the difference in the burden of proof in administrative procedure and judicial procedures are also discussed.In the suggestions, suggestions relating the applicable range and judging method of"well-known common knowledge", and suggests some amendments about Patent Law and Guidelines for Examination.In the final part, the thesis is summarized, conclusions and suggestions are given.