Theory Of Patent Creative Standards

In Patent Law, an invention patent application is published early andthen will have substantive examination while utility model and designpatent application are only examined from format perspective. A patentapplication needs not only to be novel and useful but also haveinventiveness. Inventiveness lies in the heart of the patent system, servedas “final gatekeeper of the patent system. The novelty requirement castsan eye watching public domain to prevent an applicant from filing aninvention that an ordinary person skilled in the art could retrieve from theprior art or other resources available. Inventiveness sets a more strictstandard for granting a patent and requires that an invention as a wholeshould be non-obvious in light of the prior art. The original purpose of thenon-obviousness makes sense in preventing those obvious inventionsfrom enjoying monopoly and having the real invention get protectedthereby promoting inventors to make their invention public to promotethe development of the technology.