Research On The Inventive Elements Of Patent Infrigement About Petrochemical Industrial Processing Technique Invention

The petrochemical industry plays a significant role in the national economy.With the continuous promotion of the innovation-driven development strategy,the number of patents in the petrochemical industry has increased significantly,among which a large proportion of them are petrochemical technique patents.With the increase of patent infringement disputes,the premise of the infringement is that the patent right is valid.Both the Patent Reexamination Board and the court will review the inventive elements of the patent.Since the invention of petrochemical processing techniques focuses more on the particularity of industrial preparation,some practical problems have arisen during the process of applying the general methods to determine inventive elements,such as determining technical bias and unexpected technical effect,understanding common general knowledge evidence,applying the errors,and identifying the disclosed teachings of existing techniques.The phenomenon that the invention of petrochemical processing techniques has been invalidated due to lack of inventive elements has occurred from time to time,which is not able to protect the rights and interests of patentees and promote the technological innovation.The determination of patent inventive elements is a benefit distribution system precisely designed for developing science and technology.On account of that,the writer is required to investigate the determination and the development of extraterritorial patent inventive elements.KSR case has raised the determination standard of inventive elements,and that influenced other countries to have some changes on their standard,which also affected the determination standard of the inventive elements about petrochemical industrial processing techniques.Combined with characteristics of petrochemical industrial processing technique patent,this paper analyzed the petrochemical industrial technique invention problems that might exist in the inventive elements determination and relevant elements that influenced patent inventive elements determination;the paper,on the basis of investing relevant extraterritorial systems and development tendency,aimed at practical problems and proposed improvement suggestion applicable for the inventive elements determination of our national petrochemical industrialprocessing technique.First of all,this paper illustrated the necessity of studying the determination of inventive elements in the infringement disputes in the invention of petrochemical processing techniques.Secondly,through typical cases,the paper analyzed the problems and the influences of national petrochemical processing techniques that happened in determining the inventive elements;Thirdly,the paper investigated and analyzed the experience of the determination and development of patent inventive elements in relevant countries was investigated.At last,based on the previous discussion and analysis,it gave the improvement suggestion of the inventive elements of the actual petrochemical processing technique inventions in China.Under the circumstance when the study on the determination of patent inventive elements is limited,this paper,through the discussion of the above four aspects,hopes that the research on the determination of patent inventive elements is more targeted,and gives relative reasonable suggestion about macroscopical inventive standard development tendency and specific determination processes,so as to improve the determination of inventive elements in China's petrochemical processing techniques in practice.