The Analysis On The Invention Patent-awarding Criterias

In the era of knowledge-based economy,knowledge innovations based on technology innovation are the fundamental driving force of a business,an industry,even a country's development,so almost of countries actively protect advanced technique with patent system.Patent-awarding criteria is the core of patent system,and invention paten is the important part of paten,so invention patent-awarding criteria is the keystone of the core.The invention patent-awarding criteria includes negative conditions and positive conditions,namely patentability and three characteristics of patent,and three characteristics of patent include utility,novelty and creativity.The papers on positive or negative conditions in domestic is little,and the system discussing of negative conditions and positive conditions is even more rare,so the current studies are confined to their respective fields,and are the lack of systematic and integrity. Invention patent-awarding criterias have gone to rationalization through the third patent law amend,but still have many disfigurement,and need us study deeply.The paper has try to roundly and systemicly analysize the developmental trend of patentability,utility,novelty,and creativity in the world,based on theory and practice.Then it rigorously explains and reasonably utilize existing technologies and the grace period,then enriches theoretic studies and promotes substantive examination in practice,accordingly improves the efficiency of substantive examination work in practice.This paper is divided into three parts.In the first part,analyzes the adjust direction of invention patent-awarding criterias combining international treaty,and focuses on the reason that developed countries expand the scope of patentability and continuously improve the criterions of three characteristics of patent,then finds out the interests of the game among interest groups behind the direction of this development trends.In the second part,the paper have a preliminary analysis on patentability and utility. First of all,the increasingly vague boundaries of the patentability and utility are discussed,and it is discussed that utility is playing a dual role.Then it rationalizes the relations between the basic concepts in novelty and creativity,it puts forward its own ideas on the examination order of three characteristics of patent.In the third part, combining the third revision of China's Patent Law,the paper does a superficial analysis on the contradictions and conflicts,and puts forward own point of view on how to resolve these issues,then look forward to further improving the system of invention patent-awarding criteria and promoting China's socialist market economy to develop goodly and fastly!...