Journal of Dali University ›› 2021, Vol. 6 ›› Issue (9): 1-10.DOI: 10. 3969 / j. issn. 2096-2266. 2021. 09. 001
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Feng Xiaoqing, Yu Zika
Online:
Published:
Abstract: Common knowledge identification is a key link in patent creativity judgment. In the practice of patent examination in China, the source of the carrier of common knowledge is a little monotonous, and the application of the traditional written carrier is in the awkward situation of incapability. In addition, limited by the risk of subjectivity in the reasoning and demonstrating of common knowledge, the rationality basis of this proof model is also quite questioned by the industry. In order to improve the quality and efficiency of common knowledge identification, it is necessary for China to appropriately expand the carrier scope of common knowledge and overcome the existing drawbacks of the limited thinking of the source of common knowledge carrier. At the same time, it is indispensable to strictly define the applicable context of common knowledges reasoning and demonstrating to avoid the improper abuse of the discretion of the examiners. Common knowledge identification is closely related to the concept and principle of creativity judgment. To correctly deconstruct the content of the common knowledge rules, we must start from the basic institutional framework of creativity judgment, trace back to the origin of the institution and grasp the organic connection between the common knowledge identification and creativity judgment.
Key words: common?knowledge, ?patent?law, ?creativity, ?identification?rules, ?public?domain
CLC Number:
D923.4
Feng Xiaoqing, Yu Zikai. Research on the Identification of Common Knowledge in Creativity Judgment#br#[J]. Journal of Dali University, 2021, 6(9): 1-10.
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URL: http://journal15.magtechjournal.com/Jwk_dlxyzk/EN/10. 3969 / j. issn. 2096-2266. 2021. 09. 001
http://journal15.magtechjournal.com/Jwk_dlxyzk/EN/Y2021/V6/I9/1