Research On the Conditions for Correct Identification and Use of Common Sense in Patent Law
[Purposes]According to different types of common sense(textbooks,reference books and cus-tomary means),the conditions for accurate identification and use were discussed respectively,so as to provide reference for the improvement of the identification rules of common sense.[Methods]This paper uses case analysis and reasoning summary methods to verify the identification and use of different types of common sense.[Findings]In the process of creative judgement,the use frequency is very high.There-fore,the accurate identification of common sense is a factor that the patentee or interested party very con-cerned about,which plays an important role in unifying judgement standards,resolving contradictions,achieving the unity of fairness and efficiency,and promoting invention and creation.[Conclusions]When judging whether a certain means is a common sense,we should consider he technical field,techni-cal problems solved and be widely known characteristics at the same time.
万方数据
维普
