Internet Information Identified With The Existing Technology

The rapid development of information technology, especially network technology makes to the revolutionary of the social and also triggered many new legal issues. Laws need to be adjusted constantly for regulating various problems unexpected upon legislation and brought about by new technologies. When it comes to patent law, the implementation of the third amendment to a certain extent reflects the judicial protection of patent examination and the problems encountered in practice. The contents of this paper are: all kinds of information on the Internet, the scope of existing technology impact.Therefore, this article is divided into three parts. First elaborated the Internet era, the scope of existing technologies, in particular, the third amendment the definition of existing technologies, focusing on the academic circles in the three elements of existing technology standards"available to the public" and put forward a new understanding. On this basis, the paper also incorporates information disclosure methods and the relevant provisions of Chinese patent examination guidelines to compare the Internet and traditional publications similarities and differences. A combination of copyright of the field in real cases, analysis of the Internet information as evidence in litigation and the probative force of eligibility, to obtain notarized described the preservation of the general method of Internet information.In the second part of the major developed countries as the object, the relevant provisions of existing technologies comparative study. Japan, focused on "dealing with technical information on the Internet as a public review of existing technologies Guide" to "very little doubt from" requirement, derived from " Doubtful sites" concept; also the European scholars of information on the Internet, "continued time "and other issues was discussed.On said basis, the author classifies the disclosure of the internet information into four types according to the information source:"the information from third party disclose platform which build for provide prior art","the information from website which is within the law and rules","the internet gray literature which is within tenet of the law"and"the internet gray literature which is suspected crime", and respectively presents possible influences they may bring to the Prior arts. And make examples of pharmaceutical industry, obtained through the demonstration of the Internet to meet certain conditions, the gray information as to apply existing technology can make up the loopholes in the system, and innovation and the interests of the public body are balanced.Finally, based on the actual conditions in China made a number of legislative proposals; also expect these measures conducive to the public within the framework of the TRIPS Agreement to resolve the problem of public health play a role.