The Recognition And Burden Of Common Knowledge In Patent Examination

The well-known common knowledge is one of the important factors in the creative judgment, and it is also a controversial concept in the process of patent approval and administrative proceedings. Therefore, it is important to correctly understand the connotation of common sense and to use common knowledge to improve the review efficiency and to safeguard the rights and interests of the applicant. This thesis discusses the elements and application of common sense knowledge, and studies some problems in the Constitution and application of common knowledge in China.At present, our country in the "patent review guide" and not the concept of common sense to define the concept, but the use of the method is given to illustrate the method, but retained the free space, the practice due to the confusion on the easy to cause confusion. At the same time, in the application of common sense knowledge, there is no clear responsibility for the principle of distribution and uniform standards of the burden of proof; there is a fair and easy to cause disputes.This thesis consists of six parts, namely, introduction, the definition of common knowledge, the recognition of common knowledge, the burden of proof, the perfection of the knowledge.In the introduction, the purpose and significance of this thesis are briefly described. The importance and necessity of the research topic, and the method to identify the common knowledge and some problems in the judicial practice are discussed.In the public knowledge definition, of public knowledge concept of knowledge are analyzed, and the domestic grandfather knowledge relevant regulations, analysis the known difference between knowledge and existing technology, common technical knowledge and well known facts, indicating that the common knowledge is special the existing technology, is the subject of a specific technical knowledge, also in specific areas for specific groups known knowledge.In the standard part of the identification of common sense, the concept of common knowledge is decomposed, and its time, judgment subject, carrier and domain are analyzed, and the problems are pointed out, such as the technical personnel in this field, the limited test, reasonable reasoning and other concepts.In the common sense of the burden of proof, first of all, the common sense of the common sense in the burden of proof of the problem is described. At present, our country provides two kinds of common knowledge that way, are "sufficient reason" and "burden of proof". But on the full reasoning is not clearly defined. On how to judge whether the full reasoning, how to define the reasoning is objective and no detailed description, in this way, on the one hand easily lead to Reviewers of the common knowledge of abuse, on the other hand, are likely to cause confusion of the way of reasoning. In addition, On the burden of proof, the current way to give the Patent Review Committee great discretion, not only in the review stage but also in the patent invalid stage to introduction and identification of common knowledge, which will bring the problem in practice.In the proposed section, this paper proposes a clear explanation of the common sense, the scope of the technology, the scope of the technology, and the detailed explanation of the common sense, the application of the common sense, the use of the principle of " Who advocates who the burden of proof", and to ensure the fairness of administrative departments.In conclusion part, give the summary of the full text.