Research On The Determination Of Common Sense In The Judgment Of Creativity In Patent

With the continuous progress of technology and economic transformation,the patent system plays an increasingly important role in China’s economic and social development,promoting the improvement of independent innovation capabilities.The"common general knowledge" is commonly used for creative judgment in the Chinese Patent Law.Although the Patent Law does not define the concept of "common general knowledge," it is mentioned in the Patent Examination Guidelines and Patent Examination Rules.However,this simple enumeration method can no longer meet the needs of today’s rapidly developing technological fields for the recognition of common general knowledge,resulting in disputes and ambiguities in the determination of common general knowledge.In practical applications,the determination of common general knowledge is crucial for evaluating the creative standard of patents.Although common general knowledge is only one factor in evaluating the technical inspiration of a patent,it is often used to confirm the level of innovation in patentability determination.This confirmation often affects the authorization and survival of patents.However,in the process of applying the common general knowledge system in China,there are often many disputes.For example,the determination of common general knowledge at various stages of patent examination,and the evidence of common general knowledge in patent infringement and patent litigation,play a crucial role in the final result of patent cases and the direction of litigation.In the practice of examining invention and utility model patents in China,the source of common knowledge is relatively single.Traditional reference materials such as textbooks,technical dictionaries,and technical manuals can no longer meet the needs.In order to avoid the abuse of common knowledge,it is necessary to clarify the scope of common knowledge and provide conclusive evidence.This can help applicants and examiners reach a consensus,improve examination efficiency,shorten the examination cycle,and save administrative resources.To improve the quality and efficiency of identifying common knowledge,China needs to appropriately redefine the definition of common knowledge,enrich the carrier of common knowledge,improve the identification subject of common knowledge,clarify the standard of technical inspiration,and overcome the thinking mode of excessive reliance on existing carriers.At the same time,we also need to clarify the scope of application of theoretical reasoning to avoid examiners abusing discretionary power.In patent practice,common knowledge evidence is very important.Therefore,this article,through sorting out the existing sources of common knowledge evidence,reconstructing the identification rules of common knowledge,and exploring the necessity and possibility of expanding the sources of common knowledge evidence.