| Chip is the lifeblood of technology,and material is the lifeblood of chip.In recent years,the activity of chip material technology innovation in China is increasing,but the construction of patent protection system is still lack of enough science,rationality and precision.In particular,the rules of patentability and "full disclosure of specifications" in patent applications need to be straightened out,and the examination standards and methods in patent authorization procedures are not comprehensive,which undoubtedly affects the pace of chip material technology towards a more core and higher quality.In view of this,we should fully understand the special conditions and difficulties of the application and authorization procedures in the patent protection of chip materials,clarify the practical basis and legal basis of the basic research results in the patent protection,focus on the impact of the retention of technical secrets in the patent application on the full disclosure of the specification,and actively consider the basic principles and "three characteristics" judgment in the patent examination and authorization stage.At the same time,we should deeply grasp the major needs of chip material patent protection,reasonably demonstrate and explain the theoretical and practical pain points,and then provide efficient,scientific and comprehensive patent system supply for the development of chip material technology.First,improve the identification path of patentability and "full disclosure of specifications".In practice,we should clarify the necessity and feasibility of patent protection for basic research results of chip materials,further set appropriate thresholds by refining patentability standards,and actively carry out relevant legislative work.At the same time,pay attention to the data supporting role in the process of retaining technical secrets at the patent application stage,avoid insufficient disclosure of the specification,and maximize the protection of the technological innovation achievements of chip materials on this basis.Second,modify the judgment rules on "Three Natures" in the patent authorization procedure.Take "implementation" as an important consideration of the practicality standard,modify the novelty review rules of the purity limit,parameter limit and other claims,and improve the ideas of creative evaluation such as technical enlightenment and technical effect on the premise of reasonably positioning "those skilled in the art".Third,reasonably introduce technical experts to assist in the identification mechanism.The introduction of chip material technology experts into the patent authorization stage not only promotes the quality and efficiency of examination,but also has important demonstration significance for unifying judicial and administrative discretion,but it should be strictly limited to the technical fact finding stage.Based on this,through a series of design,adjustment and amendment of the patent protection system,the tension between the chip material patent protection system and the current situation of China’s technological development can be effectively bridged,so as to comprehensively improve the efficiency,strength and integrity of chip material patent protection. |
