Research On The Patent Inventive Step Examination System

The 14th Five-Year Plan for Intellectual Property is the first five-year plan to support the construction of an intellectual property powerhouse,which not only plays an important role in promoting the construction of an intellectual property power,but also plays an important role in improving the quality of patents.At the same time,the CPC Central Committee and the State Council have also issued important instructions on intellectual property work on many occasions,especially on improving the quality of intellectual property examination.Whether or not there is inventive step is a key factor in ensuring the quality of grant in patent examination,and inventive step is also the most commonly used legal provision in the examination practice of patent applications.However,at present,the provisions of China’s Patent Law on patent inventive step examination are still inadequate.The rapid development of new formats and new fields,such as strategic emerging industries such as business methods,biotechnology,traditional Chinese medicine and artificial intelligence,also requires the key support of the intellectual property system,and how to better improve the quality of patent authorization and further improve the ability of independent innovation is an issue that needs to be seriously considered when examining inventive step.From the perspective of the development of the IP system,in order to better adapt to the current new situation,it is necessary to study the relevant legal provisions on inventive step issues in major countries in the world,in order to explore the inventive step examination standards that are compatible with the requirements of the new situation.This article is divided into four parts,the first part mainly explains the connotation and characteristics of patent inventive step and the legal provisions of the patent inventive step examination system;The second part discusses the relevant provisions on patent inventive step outside the territory,and analyzes and draws on the relevant provisions on the patent inventive step examination system in the United States,Japan and Europe,and then combines with the actual situation in China,in order to improve the relevant provisions on patent inventive step in China;The third part discusses China’s general field patent inventive step examination system,mainly analyzes the content and existing problems of China’s current patent inventive step examination system,and combines the reference to the outside world,puts forward suggestions for improving the patent inventive step examination system,mainly from three levels of analysis,namely,improving the judgment standards for patent inventive step examination,enriching and enriching the content of patent inventive step examination,and promoting the objectification of patent inventive step judgment,in order to improve patent quality and cultivate high-value patents;The fourth part discusses China’s patent inventive step examination system in special fields,mainly analyzing the patentability of business methods,biotechnology,traditional Chinese medicine and artificial intelligence,and exploring how to expand the patentability scope of special fields through the examination system by analyzing the role of inventive step in special fields.