[Purposes]The creativity of patent is not only one of the elements of patentability,but also rep-resents the progressiveness of patented technology.To improve the quality and technological value of pat-ents requires a renewed understanding of the essential meaning of patent creativity.[Methods]Through literature research,logical reasoning,and conceptual explanation,this study elucidates the origin of pat-ent′s creativity,reveals its essential meaning,and demonstrates its factual features.[Findings]Patent in-ventiveness has international unity;patent inventiveness has both functional and comparative characteris-tics.[Conclusions]This paper can demonstrate the improvement path on the basis of the problems of un-reasonable examination standards,one-sided content and subjective judgment in China′s patent creative examination system.
creativity of patentquality of patentpatent of invention
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