医药化工类专利申请创造性判断中反向教导的认定

Consideration of Opposite Teaching in Inventive Step Judgment

本文结合审查实践中的具体案例分析探讨了认定技术手段的效果缺陷是否构成反向教导时需要考量的要点,在此基础上,总结归纳得出该类发明的创造性评判策略,旨在为客观合理地进行创造性判断提供帮助。

Based on the analysis of specific cases in the practice of examination,this paper discusses the factors that need to be considered when Opposite Teaching of Technical Means with Defective Effects is applied to the judgment of inventive step.On this basis,it summarizes the evaluation strategies of this kind of invention,in order to provide help for the objective and reasonable judgment of inventive step.