Study On Prior Art And Access In Patent Invalidati

The patent invalidationation is the most important relief means for the patentcounterpart. The success rate of the request for patent invalidationation mostlydepends on the correct choice of the prior art. In theory, the retrieval strategy forchoosing and access the prior art has not appeared yet. In practice, the patentinvalidationation applicant usually use technology related keywords to retrieval only,then read and technical analyze all retrieval results. This retrieval strategy which likeneedle in a haystack tend to blindness. Because of the limitation of the the retrievalability and platform, reading the retrieval results also spends time and efforts, theeffect tend to be unsatisfied.The prior art includes technical documents which are referenced by theexaminers in the review of patent applications of inventions and utility models, and bypatent invalidation applicant with the reason of “technical scheme in the patent claimswhich fails to comply with paragraph2and3of Article22of Patent Law, lack ofnovelty and creativity”. Precisely speaking, including prior art and conflictingapplications for judging the novelty of inventions and utility models, and prior art forjudging creativity. No matter who, the purpose of referencing the prior art is to denythe novelty and creativity of the patent. Therefore, the more relevant the relationbetween the prior art and patent documents, the similar the technology is, the easier todeny the novelty and creativity.Patent citation includes the literature cite which are written by the inventor inthe patent application, and the comparative documents which are cited by examinersin the process of review. The inventor’s quotations are very professional in technicalfield. The examiner’s quotations are not only professional and authority, but also havethe advantage of cross-cutting. There is a high degree of correlation between thetechnical content in patent quotation and the patent application. the patent quotationsby citation analysis.can give us technical documents which are similar to thetechnology programs of target patent fast and accurate.Based on the reasons mentioned above, the author proposes the ideas ofobtaining the the prior art fast and accurate by analyzing the patent citation. Theauthor discriminates the relations between prior art and the prior art, patent citationfrom the specific category of the the prior art，demonstrates the possibilities of obtaining the prior art from the patent citation, and analyzes several typical cases byInnography analysis platform. Results show that the strategy of obtaining the prior artin patent invalidation from the perspective of patent citation analysis is feasible.