专利创造性标准司法审判实证研究

An Empirical Study on the Criteria of Creativity of Patents in Judicial Trials

在现代经济社会中知识产权的作用与日俱增,人们对于专利制度也日渐熟知,我国有关专利的司法案件也逐渐递增。但在司法实践中专利创造性的评判标准并没有与时俱进。比如专利复审委员会在评判专利创造性过程中的职权界线到底应该如何划分、相同或相关技术领域到底怎么认定、商业上的成功是否是创造性判断过程中需要考虑的因素等都值得探究。

It is well-known that intellectual property is becoming more and more important in modern economy and social life. As a result,the number of judicial cases concerning patents is increasing as people raise their awareness about the patent system. However,no progress has been made in the criteria on creativity of patents in judicial practice so far. In fact,a lot of issues in this field are worthy of careful and deep studying,e. g. how to define the functions of the Patent Reexamination Board in the assessment of creativity of patents,how to classify different patents into the same or related technical field,and whether business success could be taken into consideration in the evaluation of creativity of a patent,etc.