The Research On The Rule Of Using Common Knowledge In Patent Law

Common knowledge is a vital fact in assessing inventiveness of apatent, which also involves tremendous dispute. The present article seeks apractical rule on using common knowledge, by studying the relating law andregulations of China, as well as by referring to the corresponding regulationsin main countries and regions in the world, such as U.S., Europe and Japan.Since the scope of common knowledge varies in terms of time and fields,which makes it difficult to provide a operable definition on commonknowledge, it is determined that the problem of how to use the commonknowledge may be solved by providing a procedure for the same. Briefly,the assessment of common knowledge shall be supported by documentaryevidences, and assessment without documentary evidence shall be firmlyrestricted. The assessment of common knowledge can be initiated by logicalreasoning. In case the logical reasoning is questioned properly, documentaryevidence is needed. The documentary evidence for common knowledge canbe provided without time limit.