The Patent Examination Guide stipulates that the judgment of creativity should be based on the overall evaluation of the technical scheme defined in the claim, that is, whether the technical scheme is creative, rather than whether a technical feature is creative.
Comprehensive principle of patent creative judgment (three-dimensional principle)
The Patent Examination Guide stipulates: "When evaluating whether an invention is creative, the examiner should not only consider the technical scheme of the invention itself, but also consider the technical problems to be solved and the technical effects produced by the invention, and treat it as a whole." The above provisions can be called the principle of comprehensive evaluation.
Reverse order method of patent creativity judgment
Change the order in which patent creative judges contact information, so that they have the opportunity to experience the difficulty of solving this technical problem by technicians in this field when they only know the existing technology and its technical problems and don't know how to solve this problem by invention.
Two psychological concepts: anchoring effect; Monday morning quarterback deviation.
Reverse order method of patent creativity judgment
The first step is to fully understand the technical scheme closest to the existing technology. Avoid technical solutions related to this application or this patent. Find out the reasons why the existing technology needs to be improved.
Step 2, while thinking about how to solve the technical problems existing in the closest existing technology, understand the technical solutions of other existing technologies combined with the closest existing technology. Experience the difficulties faced by people in this field in solving technical problems.
Thirdly, after analyzing various possible solutions and difficulties, let the inventor introduce the technical scheme of the invention. At this point, how to solve the problem is revealed to the judge, and the judge will judge whether it is obvious or not more objectively.
-Source: Shi's Research on Patent Creative Judgment.