Research On The Identification Of Technical Inspiration In Patent Infringement

As one of the most important contents in the field of intellectual property rights,patent rights are the rights that best reflect the compromise between personal interests and social interests.As the core of patent creative judgment,the identification of technical revelation has instrumental value for the creative judgment of invention patents.However,since the definition of patent technology enlightenment introduces the subjective concept of "technical personnel",its identification standards are inconsistent in terms of legal norms,theoretical research,and practical operations.This article takes the "diaphragm filter press" case as an example,taking its two major controversial points as the starting point.By analyzing the status of legal patents,theoretical research and practical operations in China's patent technology,we find the problems identified in China's technological enlightenment.Based on the above analysis,this article studies the regulations of foreign patent technology and the enlightenment of patent technology in China,and puts forward some suggestions on the identification of China's patent technology from two aspects: standardizing the standard of technical personnel in the field and constructing the basic framework of patent technology enlightenment.This article is divided into four parts:The first part is an introduction.This part mainly shows the feasibility and necessity of the research topic through the introduction of research background,research significance and research status.The second part is the summary of the case brief and the main focus of the dispute.This section briefly introduces a case of patent invalidation dispute handled by the Beijing Intellectual Property Court-"diaphragm filter press case".Based on the analysis of the case,two dispute points concerning the identification of patenttechnology are obtained,which leads to the full text.The third part is the legal analysis of the focus of the case dispute.This part gives a detailed introduction from the concept and scope of the prior art,the recognition of common knowledge,the judgment and identification process of technical revelation,and the focus of the dispute in the second part.The fourth part is the legal thinking caused by the case.Based on the second part of the controversial focus and the third part of the legal analysis,this part explores the main problems in the identification of patent technology in China,and combines the provisions of foreign patent technology enlightenment to identify two aspects of the enlightenment of patent technology in China.