Taiwan, China Patent Elements Of Progressive Research

The three main parts of patent system include the patent requirement, substantial contents, and procedural provisions. The demarcation of the patent requirement delimits the patentable scope; the substantial contents influence inventors whether or not to disclose their inventions to procure patents; the quality of patent procedural systems has a close relation with the time, money and labor which need in the patent petition. The above has fairly great influence to the effect of patent systems.The advanced nature is crucial to the patent requirement, but it is easy to arouse the disputes in application for its uncertainty. This thesis mainly probes into the advanced nature in the patent requirement. What should be paid attention to is that the "advanced nature" is the law calling in Taiwan but calling it "creativeness" in the mainland of China. The principal goal of theory of patent systems is to serve the society, which is the basis of current explanations, legislation, and future amendments in the patent law. Also, the research of "advanced nature" needs to take the theory of patent systems which is after the evolving and amending of law systems in the practice.Chapter one: firstly discuss the importance, origin, basic theory, and the present situation of Taiwan patent systems; then generally survey the basic factors of patentability of Taiwan patent laws and define the concept and evolution of the advanced nature.Chapter two: probe into the structure of advanced nature in Taiwan patent laws from the previous technology, the common sense in the technological field, and the easy accomplishment.Chapter three: inquire the connotation, congnised procedures and attention needed proceedings of the advanced nature theory.Chapter four: compare the advanced nature theory across the strait.Chapter five: sum the judged standard for the advanced nature of Taiwan patent law and bring out suggestions which should be paid attention to.As a student from Taiwan, I hope I can do the favor for the communication across the strait through the research.