Research On The Discretion Of Patent Non-obviousness

An inventive step is one of the essential conditions to be satisfied for granting a patent to invention, It is also one of the two core issues of Patent Law Research-the other is claim explanation. On the basis of analyzing the history of the patent inventive step standards evolution and comparing the methods of the inventive judgment, the inventive judgment of the patent is analyzed from the perspective of discretion. The objective trend and subjective nature of the patent inventive step judgment are revealed, and also the combining of fact finding and legal judgment. The essay explains the space of discretion in existing technology, distinguishing feature, technical problems, technical field, general technical personnel, auxiliary judgment method, and so on in respecting of the the inventive judgment in the Chinese patent review guide. Meanwhile, it points out the factors that affect the discretion of the patent, such as the type of patent, the judge, the invention field, the national policy, etc..