On The Utility Model Of Creativity

The utility model has been implemented for more than 20 years, which has played a vital part in encouraging invention and creation, developing science and technology, and promoting economic progress. But different views on the legal provision and judicial practice of inventive step of utility model have been existed for a long time.The problems on inventive step of utility model is discussed and analyzed systematically in history analysis method and comparative method in the dissertation to try to offer proposals for its legislation and justice.The dissertation is composed of four parts:In the first part, description on the definition and concepts of inventive step of utility model is presented, through which the problem of inventive step of utility model is put forward.In the second part, the examination system of utility model has been described, and that's one of the reasons which contribute to inventive step problems of utility model.In the third part, comparing with legal provision and judicial practice of invention, contrasting with other country's experience which implemented utility model, the examination principal, standard, method of inventive are discussed in detail.At last, feasible and reasonable suggestions has been put forward to improve legislation and justice of inventive step of utility model, based on other country's experience and practical situation of our country.The conclusion of the dissertation consists of:The inventive step of utility model should be prescribed more detailed in legislation and the difference between utility model and invention should be described clearly. For example, the concept of"prior art","the skilled in the art"should have different meaning in utility model and invention. The concept of"substantive features","progress"used in inventive step of utility model should be explained further. In justice aspect,"problem-solution"approach used in examining of inventive step of invention should use in utility model either, which makes examination of inventive step of utility model more objective and practical. It is noted that, the requirements of inventive step for a utility model shall be lower than that for an invention in examination, therefore, lower requirements of field and number of prior art references should be adopted in inventive step examination for utility model.