试论加强明显新颖性审查的必要性

On the Necessity of Strengthening the Examination of obviously Novelty

第三次修改的《专利法实施细则》在实用新型初步审查范围中增加了明显新颖性审查,为实用新型专利申请明显新颖性审查提供了法律依据。通过从多方面论述明显新颖性审查对提高实用新型专利授权质量、推动实用新型专利制度的可持续性发展的必要性,分析平衡审查效能是现阶段加强明显新颖性审查的主要考虑因素,指出实现全面提升实用新型专利质量的长期目标需要申请人与行政部门长期共同努力。

Whether a utility model is obviously lack of novelty is added into the scope of the preliminary examination for utility model patent applications after the third modification of the Implementing Regulations of the patent Law of the People＇s Republic of China. This thesis discusses from several aspects the necessity to examine obviously novelty which will enhance the overall quality of utility model patents and develop the nation＇s continuous utility model patent system. It analyses how to balance examination capacity and efficiency is the primary consideration referring to the examination of obviously novelty. It also indicates that the accomplishment of the eternal goal of improving the quality of utility model patents needs the extendedly cooperative efforts of applicants and administrative authorities for patent affairs.