| Summary: | 碩士 === 世新大學 === 法律學研究所(含碩專班) === 91 === Owing to patent application case, the majority reason for rejection is non-obviousness. For this reason, we need make more farther study. This dissertation starting from the patent law per se point of view, explanation for the provision (the judgment of administrative court, criteria of examination, scholars point of view), there has some problems in ours judgment for the non-obviousness as following; (1) A persons skilled in the art or a person having ordinary skill in the art will be better? (2) Obvious or easily accomplished or easily think out? (3) Invention step judgment process misleading or short of some element?
From the about problems of first and second points, starting from more precise non-obviousness of U.S. patent law theory and purposes of patent law realize our patent law sprit. After knowing the sprit of patent law, we will talk about the provision inconsistent with the sprit of patent law. Giving some suggestion for the amended article and provision explanation of patent law.
And reconsider the third point; we should have a detached view for judging non-obvious steps. Since U.S. is the magnate in the machinery of patent domain, we take obviousness from the U.S. point of view for reference. Using our patent law, criteria of examination, the judgment of administrative court and U.S. reference, combine those information to get a more appropriate obviousness judgment process.
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