American KSR Case's Enlightenment To The Creative Judgment Of Patent Law In Our Country

Creativity is the most important prerequisite in judging the possibility of patent granting for a invention. Creative judgment doesn't possess the objective standard which can be measured by balance and staff gauge. Therefore, judgment to the invention is of great subjective casualness and uncertainty. With the development of patent system, every country has its own characteristic way of judgment.This thesis is divided into four parts: Part One introduces the fundamental state of KSR case and a series of problem caused by this case. The most important of the KSR case is to guide people to re-consider how to determine the creative invention .Part Two analyzes the problem of American "instruction revelation motivation" judicial standard in the process of judgment to creativity and the problem of patent quality caused by this quality. The improvement to the principle of "instruction revelation motivation" is taken to solve the problem of patent quality. Part Three accounts the standard and methods taken by our country in the process of patent investigation and assesses precisely the problem of judgment in our country. Part Four proposes the suggestions to the improvement of creativity judging standard in our country, by learning American improvement to "instruction revelation motivation" judicial standard. This thesis emphasizes the double judging standard of "prominent substantive feature and notable progress" which is strictly complied in the process of investigation; it redefines "a person skilled in the relevant field of technology" and defines this person as one with creative personality; in the terms of technological enlightenment, this thesis gives a suggestion of broadening searching scope, by citing the oversees standard of "obvious attempt". From above four factors, this thesis proposes some suggestions in raising the judging standard of creativity in our country. I hope, this will be helpful to the patent system in our country.The history of world patent system denotes that the judging standard of creativity experiences an objective process, our country is no exception. Excessive objection easily causes obvious improvement of granting of patent and greatly decrease the quality of patent. It can also break the balance of cost benefit of patent and obstruct the technological innovation. The patent system in our country is still in the stage of improvement, and will meet the problem of patent quality in America. That America spares no expense to break the existing balance of system in order to encourage technological innovation is worth studying. For the purpose of encouraging the technological innovation, upgrading the standard of creativity is a must-choice.