Non-obviousness Standard Of Invention Patent In The U.s.and Its Inspiration To China

American Non-obviousness Standard has experienced a long time development . The CAFC set up in 1982, it has the trans-regional patent exclusive jurisdiction. Beginning with its establishment, it has used the TSM rule to judge Non-obviousness of a patent application. Its ossification in applying the TSM rule , has caused Non-obviousness Standard excessively low, and has caused a series of questions in U .S patent system . The KSR case is the illustrative case of the CAFC's ossification in applying the TSM rule ,and provides the turning point to change non-obviousness judging standard in USA.Beginning with the KSR case,This article compared the American Non-obviousness Standard before and after the KSR case. Based on this, The article further unifies our country's reality and the existing question in patent system's creativity judging standard ,with a view to provide a useful reference for the further improvement of the creativity judging standard of our country .The article altogether divides into three parts,the introduction, the main text and the conclusion .The introduction part, explains the goal of composing this article . Through the analysis of the KSR case and the Non-obviousness Standard which the KSR case established,The article summarizes and provides some suggestions to consummate our country's creativity judging standard The textual material is composed of three chapters:The first chapter , introduces the American Non-obviousness Standard historical development. This chapter introduces each stage of American non-obviousness judging standard 's development,and the TSM rule's content before the KSR case , the wrong procedure CAFC utilized the TSM rule.The second chapter, KSR case and KSR standard. This chapter introducs the American Supreme court made the decision explicitly upon patent non-obviousness once more since1966 after a Graham case . This chapter introduces with emphasis the viewpoint and the manner of the American Supreme court expresses in patent non-obviousness judging standard in the KSR case , and carried on the comparison on the non-obviousness judging standard which the CAFC used before and after the case , thus obtains the change related to American patent non-obviousness judging standard .The third chapter, consummates our country's patent creativity judging standard. This chapter introduces the patent 's creativity and the creativity judging standard of our country, and the question exists in reality. Through the analysis ,the article finds the reason causing the state of our country 's big , the overall low quality patent authorization , and unifies to US patent Non-obviousness Standard and so on the KSR case summaries, putting forward some proposals to consummate patent creativity judging standard of our country.Finally, the conclusion part, the author carried on the induction, the summary to the article.