Proper Application of Common Knowledge in Patent Examination from Review and Invalid Cases
[Purposes]Patents are important support for businesses to embody their technical innovation capabilities.Creativity judgment has been significant and difficult problem in patent practice,and accu-rate identification of common knowledge is necessary prerequisite for correct conclusion of creativity judgment.[Methods]Critical factors that need to be considered comprehensively in identifying common general knowledge in different application scenarios were analyzed by reviewing invalid actual cases.[Findings]The use of common knowledge should be comprehensively considered from the perspectives of the correlation between its public technical characteristics and the facts to be proved,the differences in the technical field,the motivation for improvement closest to the existing technology,and the synergy between technical characteristics.At the same time,in the case of difficult proof of written evidence,it should be fully reasoned and supported by the logical process of detailed identification.[Conclusions]From above analysis,this paper hopes to provide reference for accurate identification of common knowl-edge to facilitate objective equality of creative judgment.
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