Interpretation of patent norms under the guidance of green principles
The green principles require that patent regulations should highlight the ecological and environmental value and provide interpretation for patent norms under their guidance of the principles.We should choose a flexible interpretation pathway that takes environmental protection as a reference factor and introduces the principle of proportionality.In the section of general provisions of The Patent Law of the People's Republic of China,principle clauses should be established,while the section of specific provisions should clarify that patent technology solutions causing ecological damages due to technological effects do not meet practicality,patent technology solutions causing ecological damages during implementation do not meet the requirements of full disclosure in the specification,and that the obligation to interpret the environmental harmlessness is regarded as an unreal obligation.
green principleflexible interpretationpracticalityspecification
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