Practical Research On Patents

The utility of patents is one of the three substantive requirements of granting patents.In traditional technology areas,it is easy to judge whether a technological art have utility.For this reason,people had not paid enough attention to the standard of utility for a long time.However,in recent years,with the rapid development of biochemistry,genetic engineering and other high-tech fields,the boundaries of basic research results and practical technology became blurred gradually.Some technology leaders attempt to apply patents for inventions which only have scientific research values in order to monopoly basic knowledge and restrain technical competition.In this context,the importance of utility has become increasingly prominent.Some technically developed countries have also lowered their own utility standards to protect their own industrial interests.China,as a developing country,have relatively behindhand science and technology level and innovation ability,so it is necessary to clear and definite the utility standard and take it into implement to safeguard the country's interests.There are two more influential utility ideas in the world.One is the industrial application in Europe.It emphasizes the practicability of technological arts in industry.The other is the utility of the United States,which emphases inventions shall be useful.Utility of China refers both of the two concepts,and make some adjustments according to China's actual situation.On the one hand,it requires that inventions shall be practicable in the industry,emphasizing those cannot be achieved,lack of reproducibility and cannot reach practical level shall be non-patentable.On the other hand,it also requires inventions or utility models be able to make positive technical,economic and social effects,excluding those are completely useless,obviously out of social needs.The creative point of this paper is to get rid of the confusion of the scope with the utility of patent,and clarify the position of utility in the patent law.Furthermore,combining with the case,the paper make a comprehensive and systematic elaboration of utility standards and issues which should be paid attention to in patent review practice.In addition,this paper also discuss whether the requirement of positive effect should be retain in utility,and show the author's viewpoints.