The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Nov 26th, 2022, 1:05pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Help you to successfully obtain Patent in China
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Help you to successfully obtain Patent in China  (Read 1087 times)


Posts: 10
Help you to successfully obtain Patent in China
« on: Nov 8th, 2007, 7:01pm »
Quote Quote Modify Modify

-------The inventiveness of patent  
Source: LIAONING BANDCN LAW FIRM   written by : Fangfang Wang
Inventiveness is one of the necessary conditions for patent right of invention and creation. The difference  
between the invention-creation and public technology which is called the “novelty” is the first condition for  
patent right, but the given degree of difference is also required by the Patent Law, that’s to say the  
inventiveness of invention and utility model.
But what’s the inventiveness? How to judge whether the invention and creation has inventiveness?  
According to Patent Law, Inventiveness means that, as compared with the technology existing before the  
date of filing, the invention has prominent substantive features and represents a notable progress and  
that the utility model has substantive features and represents progress.  
So, prominent substantive features and a notable progress need to be owned by invention patent. The  
utility model patent is also ordered to possess of substantive features and progress. The conditions of  
inventiveness of invention patent are correspondingly higher than the ones of utility model. This passage  
will focus on the invention patent and explain the inventiveness of invention patent.
According to Guideline of Investigation issued by State Intellectual Property Office, the invention with  
prominent substantive features means the invention which the common technicists in the related field of  
technology can’t produce on the basis of public technology by means of logistic analysis, illation and  
limited examination.
The invention with a notable progress means the invention which can produce profitable technical effect  
compared with public technology, such as overcoming defects of public technology, or making great  
progress in comparison with public technology.
According to Implementing Regulations of the Patent Law of PRC, the technology used to be compared  
with the invention of application is the technology which has been publicly disclosed in publications in the  
country or abroad, or has been publicly used or made known to the public by any other means in the  
country, before the date of filing. Unlike investigation of novelty, the inventiveness of invention of  
application shall be judged in comparison only with public technology, not including the conflicting  
application said in the last passage.
The inventiveness shall be judged by the common technicists in the related field of technology. During  
the investigation of inventiveness, although the conclusion is made by investigators, investigators make  
this conclusion on the basis of the knowledge and ability of the common technicists in the related field of  
technology, but not of the investigators themselves. The common technicists in the related field of  
technology are introduced by the Patent Law with the aim to pursue fair and objective investigation.  
Generally, the said common technicists are supposed to be the technicists with common technology who  
are able to acquire the public technology and to do some routine experiments, but not the experts in this  
field of technology.
The following steps shall be obeyed when you judge whether your invention of application has  
inventiveness required by Patent Law:
First, to find out the most similar public technology ; Second, to find out which technical problem your  
invention can work out and compare your invention with the most similar public technology; Third, to  
judge whether your invention of application is obviously or easily to be obtained by the common  
technicists in the related field of technology.
Regarding with a notable progress, compared with the inventiveness, it’s easier to judge the notable  
progress which mainly focus on the profitable technical effects or makes great progress. In the following  
situations, the invention is deemed to have a notable progress:
First, compared with public technology, the invention of application are able to produce better technical  
effects, such as, quality improvement, quantity increase, energy saving, environment pollution  
Second, the invention of application provides another different technical proposal, and the technical  
effects basically arrive at the level of public technology.
Third, the invention of application stands for the new trend of some new technology.
Fourth, although the invention of application has some negative effects, the other aspects of the  
invention possess of notable active technical effects.
This passage mainly introduces and analyzes the principia obeyed when judging the inventiveness of  
your invention of application, the next passage will give you some good and operable methods to help  
you to judge the inventiveness of you invention of application.
« Last Edit: Nov 8th, 2007, 7:03pm by bandcnlawyer » IP Logged
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board