专利法意义上的现有技术认定标准探讨
发布时间：2018-09-18 17:35
【摘要】：当前,在我国发明专利申请实质审查、复审审查及授权后的专利无效宣告程序的审查实践中,作为现有技术,有传统的专利文献、期刊论文、个人专著等公开出版物,有合同、销售、招投标等使用公开,也有随互联网逐渐普及而出现的网络证据等以其他方式公开类证据。这些证据种类繁杂、形式多样、内容复杂,认定较困难,常易造成认定标准不一致情形的出现,一定程度上影响了专利局和专利复审委员会的权威性。本论文对于中国专利法意义上的现有技术的认定标准进行了探讨,作了分类、归纳,就时间标准、地域标准和为公众所知标准作了详细梳理和分析。
[Abstract]:At present, in the examination practice of the substantive examination of patent applications for inventions in China, the review examination and the procedure for declaring patent invalidation after authorization, as the prior art, there are public publications, such as traditional patent documents, periodical papers, individual monographs, etc., and there are contracts, Sales, bidding and other use of public, but also with the gradual popularity of the Internet and other forms of network evidence to disclose evidence. These kinds of evidence are complicated in form, complex in content, difficult to identify, and often cause the appearance of inconsistent standards, which to some extent affect the authority of Patent Office and Patent Reexamination Board. This paper discusses and classifies the standards of the existing technologies in the sense of Chinese patent law, and makes a detailed analysis on the time standard, the regional standard and the standard known to the public.
【作者单位】： 专利复审委员会光电技术申诉一处;
【分类号】：D923.42
，
本文编号：2248631
[Abstract]:At present, in the examination practice of the substantive examination of patent applications for inventions in China, the review examination and the procedure for declaring patent invalidation after authorization, as the prior art, there are public publications, such as traditional patent documents, periodical papers, individual monographs, etc., and there are contracts, Sales, bidding and other use of public, but also with the gradual popularity of the Internet and other forms of network evidence to disclose evidence. These kinds of evidence are complicated in form, complex in content, difficult to identify, and often cause the appearance of inconsistent standards, which to some extent affect the authority of Patent Office and Patent Reexamination Board. This paper discusses and classifies the standards of the existing technologies in the sense of Chinese patent law, and makes a detailed analysis on the time standard, the regional standard and the standard known to the public.
【作者单位】： 专利复审委员会光电技术申诉一处;
【分类号】：D923.42
，
本文编号：2248631
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