Substantial Elements Of Modern Chinese Medicine Judgement On Patent

This article elaborated hot and difficult issues in the process of the judgement of the substantial requirements in the modern Chinese medicine invention patent, based on the latest patent law regulation. The judgement of the existing judicial decisions in the modern Chinese medicine invention patent substantive elements often ignored the substantial requirements censorship order, causing applicable law of chaos and even errors. Firstly, judicial person shall determine whether the invention is practical. Secondly, the judge shall determine whether the invention has novelty. Finally, the judge shall make comprehensive judgement with the useful in practical elements and creative elements. In fact, the judge failed to understanding the technical factors in the practical requirements. Through in-depth understanding the technical factors in the practical requirements, we can not only reveals the important position of existing technology in practical elements, but also can avoid the judge make wrong judgement in the practical reproducibility and enthusiasm effect. For novelty judge, this paper focused on the open question of technology options in the modern Chinese medicine invention patent. At the same time, this paper expounds the judgement of the three main case of novelty. For creative elements judge, this paper expounds the relationship between the existing technology and the judgement of creative elements in the modern Chinese medicine invention, and further discussed the criteria for the invention. This article demonstrates the role of technicians in judge the invention from the same or related technical field of the modern Chinese medicine, corrected the erroneous practice of substantial requirements made by the judge who with his own perspective censor judge the invention patent. Combining the type of the patent, this paper elaborated specifically prominent substantive features and remarkable progress judgement. In the last chapter, this paper summarizes the judge method in the substantial requirements, analysis common problems and error in the juridical practice with the pharmaceutical and Legal methods, then puts forward related suggestions.