微小改进在创造性判断中的考量

The consideration of minor improvement in judgment of creativeness

实践中,较多发明都是针对现有技术作出逐步的微小改进。微小改进的发明与现有技术差距较小,在创造性审查中,较易被认定为显而易见的,这有可能扼杀发明者的积极性。本文结合实际案例,探讨了对微小改进发明的创造性判断方式,对于实际工作具有一定的参考意义。

In practice,the improvement of technology is generally achieved gradually according to the objective law of technology development.Therefore,many inventions are making progressively minor improvement over the prior art.The minor improved invention have a small gap with the prior art and is more readily identified as obvious in patent examination.Therefore,it is possible to underestimate the creative contribution of the inventors in this case and stifle the innovative enthusiasm of the inventors.The inventive judgment of the minor improvement which based on the concept of the invention,technical issues,and motivation for improvement is discussed herein by the actual case,and have reference significance for actual work.