On The Technological Inspiration In Creative Judgment

Patent system is a system to promote technological innovationthrough legal and economic means. The standards related to inventivestep are the important part of modern patent system. However, due tothe introduction of theoretical executive subject "person skilled in theart" to the judgment of inventive step, it is difficult to define"technical teaching" involved in the judgment of inventive step, so itremains big controversies in the identification of inventive step nomatter during the process of patent review or administrativeproceedings. Based on the existing standards of inventive step, thispaper analyses the two following aspects of big controversiesin-depth: common general knowledge and technical teaching givenby reference documents, discusses the limitations of existingstandards and makes reasonable modification proposals.This paper is divided into five parts:The first part introduces the origins and the important role ofinventive step in the patent system, and briefly analyses the reasonwhy there are always controversies in the judgment of inventive step.The second part briefly introduces the definition and reviewstandards of inventive step in different countries.The third part summarizes the current situation of patent reviewrelated to inventive step in China through the data over the years andanalyzes the causes of this situation.The fourth part analyzes the review standards of inventive stepthrough typical cases and makes reasonable modification proposals.The fifth part makes a brief summary.