On The Application Of Invention Concept In Creative Judgment

In the context of the strategy of a powerful country with intellectual property rights,the number of patent applications for inventions in China has increased year by year,showing explosive growth.Although the base number of applications is large,the quality of the patents that have finally been granted is in a state of unevenness.The creative examination of invention patents has a direct bearing on the prospects and quality of patent licensing.For the creative review of patents,there are differences among countries in the world.At present,China's patent examination organizations generally draw on the "three-step approach" adopted by the European Patent Office.However,in the current review practice,the "three-step approach" is often used mechanically.For example,excessive attention to the characteristics of disclosure leads to the selection of comparative documents and authorization.Whether the deviation is correct or not,whether the technical problem actually solved by the examiner in the judgment of the inspector is inconsistent with the claim of the applicant,or whether there is a phenomenon that is obvious at the time,which leads to incorrect authorization,improper rejection,and low quality of the patent.Therefore,the organic and flexible use of the "three-step approach" for patent creativity is an important means of improving the quality of patents.The inventive concept has a unique auxiliary role to truly understand the technical contribution of the invention through the idea of remedying the technical improvement of the invention and understanding the technical means of the technical solution as a whole and the technical effects achieved thereby.Therefore,using the inventive concept in combination with the "three-step approach" can avoid the above problems and achieve the requirements for improving the quality of patents.The concrete steps for extracting inventive concepts in actual operation are as follows:First,by fully understanding the closest invention to the prior art,comparing the inventions of the application,discovering the differences in the technical means between the two and the wisdom contribution of the invention,and digging out the actual solution of the invention.Technical problems;then,by clarifying the technological improvement ideas adopted by the inventor in order to solve the deficiencies of the prior art,obtaining the technical solutions for its implementation;finally,through the objective reverse reduction of the invention,the technology actually solved by the invention Questions are verified to confirm and value the technical effects achieved by the invention.To sum up,when judging creativity using the inventive concept,the closest prior art is selected around the inventive concept,the technical problem of the invention is determined around the inventive concept,and the technical effect of the invention is restored around the inventive concept.The "three-step approach" combined with the inventive concept has a good grasp of the invention application from the macro and the overall perspective,and has substantial help for the follow-up patent search,examination,and invalidation.It is embodied in the improvement of the examination efficiency,saving the examiner.And the applicant's time and money costs ultimately increase the creative height and quality of the patent.Therefore,when the applicant and the agent write the patent application documents,they should also record the technical improvement path of the invention from the perspective of the inventive concept,and the starting point of the invention,the technical improvement plan,and the technical effect are fully reflected by the application documents,thereby improving the patent application.The quality of the text improves the quality of the patent's authorization.