Research On The Burden Of Proof Of Well-known Common Knowledge

The “well-know common knowledge” is a professional concept in the patent andis an important factor in the inventive step. It has its own means and procedure. Thisconcept has a widely use in the examination and the administrative procedure. Butthere is neither provision nor rules about it. The examination guideline providesketchy regulation about the “well-know common knowledge”, which only about thelist of supporter. The present situation leads to the dispute between the examinationand the administrative procedure. The present thesis begins with the fundamentality ofthe “well-know common knowledge”, and includes the meaning, the character of theproof, the way of the proof and the duty of the proof. The present thesis has four partsas the following.The first chapter begins with the present situation about the “well-know commonknowledge” in the examination and the administrative procedure, and analyses therelated cases. At last, the first chapter points out four problems about the concept,which includes: undefined meaning about the concept, the unclearly character of theproof, the insufficiency use of the proof way and the unfair duty of the proof.The second chapter analyses the theory of the “well-know common knowledge”,and provides the essential character of this concept. It also analyses difference and theconnection between the “well-know common knowledge” and the other concepts.Upon above discussions, this chapter concludes the key elements of the intension ofthis concept, which includes the subject, the time, the filed and the supporter. Thesekey elements will make a foundation of the proof duty. The third chapter introduces the different character of the “well-know commonknowledge” in different procedures. The assertion of “well-know commonknowledge” should be regarded as Cognition of administration and Judicial Notice inthe examination and the administrative procedure. We should use the two patterns ofthe testimony sufficiently, and make a different burden of proof in differentprocedures.The fourth chapter makes some advices about the burden of the proof of“well-know common knowledge”. It first introduces the definite factors of themeaning, and then gives the advice of the proof of this concept in different phases. Atlast, the chapter indicates that the proof pattern of the “well-know commonknowledge” should be complementary use.