중국의 진보성 판단 심사 규정 및 실무

The regulations and practical affairs on the inventive step in China

The examination standard and method of the inventive step in Patent Reexamination Board and Patent Bureau of the People’s Republic of China has a tendency of overusing the term of “commonly used art” without any other additional reference. In this paper, over one hundred of cases of the Chinese Patent Reexamination Board that has been finally rejected because of the inventive step are randomly selected, and the quantitative inspection is performed. Furthermore, it is discussed whether this way of rejection is proper over the current examination regulation of China and how we prepare for and take action against that kind of rejection.