Research On Patent Judgment Of Patent Method Of Invention

Inventions can be classified as product inventions and process inventions. Process inventions have certain special natures and chemical process inventions have many differences with other inventions due to its technical characteristics. In the judgment of inventive step, if the standard over-objectified, and judged according to the same standard that does not distinguish technical field, that will lead to bias of the judgment of inventive step due to the characteristics of different technical fields. In the next five years, the number of patents in china will be substantially grown; the quality of china patents should be greatly improved. The judgment of the inventive step is an important part of protecting the quality of patents, with a substantial increase in applications, there is a need to study how to better balances the interest of patentee and the public, and to achieve the legislative purpose of the patent law.Science and technology are developing and the threshold of invention is also rising, as a superstructure, patent law is reflecting the development of science and technology. Patent system develops as well as the science and technology does; chemical processes are developing, therefore, the judgment of inventive step of chemical process inventions should be developed. Chemical processes involving microscopic changes, need reflecting the nature with phenomenon, and hard to predict. The technical solutions of chemical process inventions are complex, the technical features are multi, the role of the technical effects are prominent, so that the position of ordinary skill in the art, the use of the prior art and the way of judging inventive step impact the inventive step judgment of chemical process inventions.In this paper, the content has four parts: The first part, presented the research background, research significance, illustrating research content. The second part, by studying the evolution of the patent system in inventive step, illustrating inventive step is a legal problem, the standard of inventive step is rising with the development of science and technology. The third part, according to the characters of chemical process inventions, respectively, starting from basic factors such as the person have ordinary skill in the art, the prior art, the way of judging non-obviousness, through case analysis, to find the appropriate inventive step standard of chemical process inventions. The fourth part, drawn conclusions and propose some recommendations.