Analysis On Reexamination Case Of Invention Patent Of Semiconductor Lase Device

The patent system plays an important role in the strategic layout of China’sintellectual property. Inventive step is one of the substantive requirements forinvention patent, but it has subjective and characteristics strongly, therefore, peoplealways have disputes of judgment of inventive step. For example, we can find thedifferent judgment of inventive step of the same invention patent. The one viewcomes from the decision of rejection, and another comes from reexamination of thePatent Reexamination Board. Through the concept of inventive step of inventionpatent, we can find that the inventive step should also meet the conditions of"prominent substantive features" and " notable progress", these conditions haveequally important position. In the course of judgment, the examiner as a personskilled in the art shall use the specific of a three-steps method to determine thenotable progress of the inventive step, identify and understand the closest prior art,determine the distinguishing features of the claimed invention as compared with theclosest prior art and then identify the actual technical problem, and finally to thinkabout whether or not the prior technology giving he revelation to solve the technicalproblems. Overall, because the person skilled in the art is difficult to determine andgrasp, the examples of technology inspiration inadequate and the common knowledgehave vague definition, these making our inventive step judgment is still a strongsubjectivity and arbitrary, so we hope to improve the method further. Improve theperson skilled in the art and judgment of the technical revelation and expansion ofspecific examples, and improve the common knowledge definition on the base of ournational conditions. I hope above suggestions for improvement to find some ideas forinventive step review of China’s invention patent system, to guide the creative reviewof China’s invention patents correctly, to protect the quality of China’s inventionpatents and to promote the healthy development of China’s patent system.