Study on the requirement of inventive step

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 admini...

Full description

Bibliographic Details
Main Authors: Ping-Yin Chen, 陳丙寅
Other Authors: 鄭中人
Format: Others
Language:zh-TW
Published: 2003
Online Access:http://ndltd.ncl.edu.tw/handle/42415992567070817642
id ndltd-TW-091SHU05194008
record_format oai_dc
spelling ndltd-TW-091SHU051940082017-09-17T04:23:47Z http://ndltd.ncl.edu.tw/handle/42415992567070817642 Study on the requirement of inventive step 發明進步性研究 Ping-Yin Chen 陳丙寅 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. 鄭中人 2003 學位論文 ; thesis 97 zh-TW
collection NDLTD
language zh-TW
format Others
sources NDLTD
description 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.
author2 鄭中人
author_facet 鄭中人
Ping-Yin Chen
陳丙寅
author Ping-Yin Chen
陳丙寅
spellingShingle Ping-Yin Chen
陳丙寅
Study on the requirement of inventive step
author_sort Ping-Yin Chen
title Study on the requirement of inventive step
title_short Study on the requirement of inventive step
title_full Study on the requirement of inventive step
title_fullStr Study on the requirement of inventive step
title_full_unstemmed Study on the requirement of inventive step
title_sort study on the requirement of inventive step
publishDate 2003
url http://ndltd.ncl.edu.tw/handle/42415992567070817642
work_keys_str_mv AT pingyinchen studyontherequirementofinventivestep
AT chénbǐngyín studyontherequirementofinventivestep
AT pingyinchen fāmíngjìnbùxìngyánjiū
AT chénbǐngyín fāmíngjìnbùxìngyánjiū
_version_ 1718536938607083520