Research On The Inventive Step Of Invention Patent

The development of a country's intellectual property is an important measure to a country's science and technology.As the most important part of the field of intellectual property,improving the quality of the invention patent which shall be granted is an effective way to sove the problem of "a large number but a low quality of the patent”which existed in our intellectual property field as long as so far?In the course of the examination of the substance of the invention patent,the practical applicability and the novelty are objective judgment standard,it's easier to operated than the inventive step which has the subjective judgment standard?Therefore,grasp the inventive step of invention patent,that is,grasp the authorization of the invention patent.First,through the case study,introduce the development of invention patent system and its judgment method.Including the development history of the inventive step in our country,but also having a describe to the origin and development process of the United States,Europe,Japan and other countries in the world,this part intend to makes you understand the importance and inevitability about the inventive step of invention patent,and also examine the merits of this system in the course of historical development.The second,through the typical case,using a form of "case-summary-case analysis",analyzed the problems existing in the process of inventive step from five elements,that is "the person skilled in the art","prior art","distinguishing features","non-obviousness" and "notable progress",expound the elements'importance in the inventive step and the problems in the actual work process,thereby,put forward the proposal and improve the status quo about inventive step of invention patent.Finally,making suggestions on the inventive step of invention patent,in view of the problems raised by the typical case?It mainly includes the following:Improving the main conditions of inventive step,for example,the definition of the knowledge and capabilities of the person skilled in the art is regularly updated,defines the creativity of the person skilled in the art clearly through the legislation,training compound talents of patent;Combined with "distinguishing features",attention to the application for "the technical problem solved by the invention";Ensure the accuracy of the existing technical and technical issues raised at the time of application;The concepts and terminology used in the process of inventive step should be clarified;Regularly issued typical case about inventive step of invention patent?According the case analysis and suggestions for improvement,we hope to improve the patent licensing level and the quality of patent in our country.