从中美审查标准浅谈通信标准专利申请创造性问题的应对

Discussion of Dealing with Inventiveness in Communication Standards Patents Applications Based on Examination Standards of China and the United States

创造性问题是发明专利申请审查阶段的关键课题之一,中国专利法和美国专利法对于创造性的审查标准存在差异。针对通信标准专利申请的特点,专利申请人需要理解中美不同的审查思路,以便在专利实务处理中作出最为有利的分析和判断,使得标准专利申请更好地对应标准,最终成为高价值的标准必要专利。

Inventiveness is one of key subjects in an examination stage of an application for patent,and there exists a difference between the Chinese patent law and the US patent law with respect to examination standards of inventiveness.Regarding characteristics of an application for patent of communication standard,an applicant for the patent needs to comprehend different ways of thinking of examination of China and the United States,so as to make most advantageous analysis and judgment in dealing with patent practices,and make applications for patents to better correspond to communication standards,and to finally become standard essential patents of high values.