1 technology in other technical fields exists as prior technology, so you can't use it in another field as your technological innovation point, because it has already challenged your technological novelty; The so-called judgment principle of direct substitution is generally judged by the principle of substantive and non-substantive substitution.
Is to see whether a substitute has substantive function, if not, just to avoid the same low-level technical treatment as others' patented technology. If this kind of substitution has substantial independent function, it is not a direct substitution. Your example makes it clear that using studs instead of screws has no substantive effect, but is only a formal treatment. In addition, for example, replacing an equilateral triangle with an isosceles part has no substantial functional difference, so this is a direct replacement.
2. What is the direct substitution of customary means in patent application?
To solve the limitation that creativity cannot be evaluated by conflicting applications, in fact, if conflicting applications and inventions need to use "substitution of idiomatic means", it indirectly shows that they are different, but the difference is only a simple "substitution of idiomatic means". If the invention is authorized in this way, it is inappropriate. In addition, conflicting applications that are not in the prior art cannot be used to evaluate creativity, so this "replacement of customary means" is set up to leave a place for conflicting applications between evaluating novelty and creativity.
Conflicting applications are not prior art, so we can only evaluate novelty. However, in many cases, the application of conflict is not exactly the same as that of the present invention, and the difference is only the obvious substitution of conventional means. In this case, it is obviously unreasonable if there is no "alternative of conventional means". In order to solve this contradiction, "direct substitution of conventional means" is added in the novelty chapter of the Guide. In fact, the difference between this and creativity lies in "common sense." The "conventional means" are all the same, but you can't say "common sense" and "conventional means" when applying for conflict. This is a creative term, but everyone can understand that "conventional means" in creativity is actually equivalent to "common sense" and "conventional means";
3. The difference between existing technology and common sense
With regard to the determination of common sense, most experts believe that common sense is a "well-known fact" as stipulated in Item 1 of Article 68 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation, and the court can directly determine it, and the parties need not provide evidence to prove it. However, when we regard common sense as a well-known fact, we should pay attention to the following points:
First, the so-called well-known facts must be known by the general members of a certain field in a specific time and space, but not necessarily by everyone in society, that is, the general technical knowledge known by ordinary technicians in this field before the patent application date.
Second, well-known facts belong to the content of judicial cognition in evidence law. The court may, on its own initiative or at the request of the parties, make judicial cognizance of the well-known facts involved in the case at any procedure or stage of litigation, and is not limited by the time limit for adducing evidence.
Third, if one party disagrees with the common sense advocated by the other party or recognized by the Patent Reexamination Board, the other party or the Patent Reexamination Board has the responsibility to provide relevant information and make a full explanation. The parties may object to the judicial notice adopted by the court, and the court shall inform the parties of the reasons and process of judicial notice.
Fourth, if there is enough evidence to the contrary to overturn the facts recognized by judicial notice, the parties who advocate the facts still need to provide evidence.
Fifth, the court found that well-known facts are not restricted by the exclusion rules of evidence outside the judicial review case file, and well-known facts that have not been recorded by administrative organs in administrative procedures can still be identified in litigation.
For the proof of common sense, some experts believe that common sense should be judged according to the knowledge of ordinary technicians in this field, and it is impossible to require proof of all common sense. There is no need to prove common sense of life. Only when the parties prove that the determination of the Patent Reexamination Board is wrong, the Patent Reexamination Board will bear the burden of proof for technical common sense. Some experts believe that common sense is not all well-known facts, and common sense belonging to well-known facts does not need to be proved. Only when the scope of administrative cognition and judicial cognition is different, the Patent Reexamination Board should be responsible for providing evidence.
Some experts believe that the determination of common sense involves whether a new reason for invalid examination has been introduced, which has been involved in the invalid examination procedure, and it should not be allowed to introduce common sense again in the litigation stage. If it is the request of the invalid claimant, it must be put forward in the invalid review stage, and the corresponding evidence must be provided and tried. It is introduced by the Patent Re-examination Board ex officio, and if the party concerned does not raise any objection at the time of prosecution, it shall be deemed as its approval; If an objection is raised in the process of prosecution, the Patent Reexamination Board shall still provide evidence, which does not belong to the submission of new evidence. The parties may also adduce new evidence to refute the determination of the Patent Reexamination Board and provide evidence, but the relevant evidence shall be presented before the end of the first instance at the latest.
Existing technology (the patent law of 200 1 year implemented before 2009-1 0 is called "existing technology") must have three characteristics:1,publicity, including publication publicity, use publicity and other means publicity; 2. Timeliness: the publication time must be before the application date of the application under review (priority date if there is priority); 3. Practicality: "Manufacturable or usable" and can produce "positive effects".
The public time is before the filing date of the examined application, and there is no practical known scheme, which does not belong to the existing technology, such as the sci-fi, mythical and public scheme of the Goddess Chang'e flying to the moon. Because taking fairy medicine can't make people run from the earth to the moon, it is a well-known scheme and has no practicability. The Goddess Chang'e flying to the moon is not prior art.. Therefore, it can't be said that Chang 'e in China landed on the moon in ancient times, so it can be seen that the first person in the world landed on the moon was not American neil armstrong, but Chang 'e in China!
4. What knowledge should a jewelry shopping guide master?
1. Dressing up and cleaning the appearance of salespeople is the first impression a jewelry store gives customers.
Shop assistants with wrinkled clothes are likely to leave customers with a negative impression that the jewelry store is untidy, so they should not be careless; For the sake of the overall image of the enterprise, many jewelry stores institutionalize the clothing requirements for salespeople (even promoters), and shape the overall image of the enterprise through uniform uniforms, forming another unified beauty, and at the same time highlighting the personality of jewelry stores, which also shows that jewelry stores provide unified services. 2. Understand the customer's thoughts. When a customer walks into the door of his jewelry store or business counter, how does the salesperson know what the customer wants to buy? In this way, we can infer the goods that customers want to buy from the dialogue with customers and their choice of goods. Don't blindly promote a certain commodity, so as not to arouse customers' disgust.
Through dialogue, we can observe the key points of customer needs, and then promote them according to customer needs, thus increasing sales opportunities. 3. Solving customer complaints Every salesperson will inevitably meet some customers who are picky and have a bad attitude.
However, "the customer is always right", when you meet a nagging customer, you should learn to be patient. Over time, after accumulating experience in dealing with different types of customers, there will be no problem in facing any kind of customers.
Dealing with customer complaints is also a necessary training for sales staff. Listening to customers' complaints carefully and listening to their opinions from the beginning is the only way to solve customers' complaints. 4. Treat customers equally. Some salespeople judge customers' purchasing power according to their appearance and clothes, which is wrong.
Although he only bought 100 yuan of jewelry this time, it doesn't mean that he only has 100 yuan of purchasing power. Maybe he will buy more than 5000 diamond rings next time, and no one can predict. Treating all customers equally is the basic principle for salespeople to serve customers. Obvious differential treatment will make other customers feel unhappy. Next time they won't come to your jewelry store or counter to spend money, and you may lose a good customer.
Don't forget this. Many jewelry stores may encounter such a situation: during a certain festival or promotion period, many customers may flock to the jewelry store or come to your counter at the same time, which will make the sales staff feel at a loss and can't see one thing clearly. It often happens that after receiving a new customer, they will forget the needs of the last customer, or make people feel at a loss for a long time, which is obviously unfair to the first batch of customers. In this regard, the best solution for sales staff is to plan the delivery order in advance.
The best way for the clerk at the counter is to ask for the support of other colleagues, so as not to leave a bad impression on customers that I am not valued. 6. First, we can adjust the timing of serving customers according to different commodities. For goods with low price and high purchase rate, the time to approach customers should be earlier; Like popular jewelry, first of all, let customers watch it freely, and don't let customers have resistance and ruin their shopping pleasure.
However, salespeople should be careful not to just sort out their own goods or bills and ignore the customer's reaction. A little sticky but not too sticky is a sales coping skill. Opportunities to get close to customers vary from commodity to customer. Only by constantly learning and accumulating experience can we gradually master the tricks.
7. Shape the purchase motivation from the customer's standpoint. If there are few doors in a jewelry store, such a jewelry store will be prohibitive. The operator of a convenience store once said that when there were not many customers in the store, he asked the clerk to arrange the shelves everywhere so that the customers outside could see the flow of people. This environment gives people a natural and reassuring feeling, and the number of customers will gradually increase. Of course, customers should see clearly inside, so that customers can easily enter the store.
8. Being friends with customers will make them feel friendly, especially remembering their preferences. Customers will feel that you attach great importance to them, and customers will gradually accumulate. The premise is to remember your guests, and when they come again, they can take the initiative to say hello, just like friends.
Another way is to leave the customer's name, phone number and address, do a good job in customer management and strengthen the relationship with customers. 9. Enthusiastic work attitude Even if you introduce the goods eloquently, customers always have to shop around before deciding whether to buy them.
Generally speaking, for this kind of customers who just look at it and don't buy it, most salespeople will return it with a white eye. This is actually a very wrong way. The correct approach should be: be hospitable even if the other party doesn't buy your goods, because customers will often return to the most enthusiastic store to buy after changing stores. 10. Inform customers about the products, not knowing the promotion activities of each product, but through oral notification by sales staff, customers' purchase intention is usually quite high, because they don't want to miss any promotion opportunities.
For a jewelry store that wants to be bigger and stronger, the operator should create an environment in which the majority of salespeople are willing to work, and respect everyone in the organization through appropriate authorization and even profit sharing system, so that employees can truly show their enthusiasm for work, so that the company can really make big money.