Case Analysis Of Creative Identification Of Invention Patent

The authorization of invention patents requires practicality,novelty and creativity.The recognition of creativity in patent examination is often subject to some controversy because of its certain subjectivity.For example,“ violation of social morality”,“non-obviousness”,“easy to think”,“beneficial technical effects”,etc.These are concepts in the creative standards of invention patents,and different people may have different opinions.This article analyzes the invention patents involved in three cases including the Evonik case,and analyzes the creativity of patents.It is intended to explain the problems that should be paid attention to when identifying the inventiveness of invention patents,and also raise their own points.opinion.In the case of this article,the patent application for inventions cannot be patented because it is not creative.This article analyzes the problem of creative identification by examining the patents involved in the case.The paper is divided into three parts:the first part is a review of the case,and three cases concerning the invalidity of invention patents are introduced.These cases have the common point that the invention is not creative and invalid.The second part analyzes the disputed focus and related legal issues between the patentee and the opposite party from the perspective of the Patent Law,mainly including whether the patent in question is creative and why it is not creative.The third part is about some thoughts caused by this case,analyzes the problems in the creative judgment of invention patents,and puts forward some opinions based on the Patent Law and related laws,hoping to provide some reference for the identification of invention patents.