Research The Creativity Element Of The Patent License

Patent system is a result of highly developed. In order to get an invention patent, protection, an invention needed to get three chartaters, novelty,creativity and practicability. It is easy to grasp the novetly and practicability, because it has a objective standard. In terms of creativity, these is a very strong subjectivity for creative judgment. For the same problem, different countries have different censor and national reunification have different examiners, they have different theory and experience. therefore, they have different opinion.Therefore, creativity is most important to a country to judgment the patent.In this paper, take the lxeris.sonchifolia-Hance invalid patent disput case for instance, to illustrate what should we considered when we ascertain the creativity element of the patent license.lxeris.sonchifolia-Hance is a intravenous fluids. It is the leading products in the Tonghua Sino Pharmaceutical Ltd.The function of this injection is activating blood kill the pain, clearing heat and expelling stasis. It is used to treated the coronary heart disease, angina and cerebral thrombosis and so on. On 24 June 2001, Tonghua Sino Pharmaceutical Ltd. in the name of Hua Yuqiang, applied to the State Intellectual Property Office of patent of invention called lxeris.sonchifolia-Hance injection and its preparation method. It was authorized patent in 23 February 2005, the patent number is 01114136.0. Shengyang Shuangding Pharmaceutical co Ltd thought that the patent is ineligible the patent law in the third paragraph of Article 26 and the third paragraph of Article 22. So in December 29,2006, they put forward the patent invalid request to the Patent Reexamination Board. The paper is divided into three parts:Chapter I, introduce the basic of the lxeris.sonchifolia-Hance invalid patent dispute case and the focus of this case. The starting point of this article is Shengyang Shuangding Pharmaceutical co Ltd put forward the patent invalid request to the Patent Reexamination Board. Through the trial process of the case and the verdict is introduced, to get the focus of this case:1.If the patent specification openly widely well.2.To the openly context of attachment 2 if the product claimsl demonstrate creativity.3.the creativity dispute of the claim5.Chapter II, Analysis of legal issues of this case. Including the review of requirement of the Patent law to the specification. The definition of the creativity, review and standard of creativity, the other factors to decisive of the creativity, the difference between creativity and the other substantial characteristics and legal responsibility of this case.Chapter Ⅲ, Analysis some question of the obstacle in our country’s determinant of creativity of patent. To give the improvement and perfect suggestion from the objective standard of the creativity of patent. Spreading the range of the existing technology. To improve the professional quality of the inspector to perfect the professional knowledge of the patent.