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Substantial Elements of Modern Chinese Medicine Judgement on Patent

Author: MaZuoCheng
Tutor: PeiLiPing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Modern Chinese patent medicines Invention patents Substantial elements
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 17
Quote: 0
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Abstract


In this paper, the Patent Act of 2008 , elaborated on the substantial elements of the modern Chinese patent medicine invention patent decision process theory of hot and difficult issues about the latest requirements of the existing technology . The determination of the substantive elements of the modern Chinese patent medicine invention patents on existing judicial decisions often overlooked patent substantial elements of the review of the order , resulting in confusion or even error by applicable law . Adjudicators should first invented patents with practicality be judged rather than novelty make a decision , then the practicality of useful elements and creative elements to make a comprehensive judgment . This is caused because the judiciary is not a correct understanding of the practicality of the elements of technical . Through in-depth understanding of the technical practicality , not only can reveal important role in the determination of the practicality Elements of art , and you avoid the judicial practicality reproducibility and positive effect to make the wrong decision . Judged on novelty , this article discusses the open questions of modern Chinese patent medicine invention patented technology programs in elaborate judgment novelty three main situations . Part in the creative elements of the decision , the paper describes the existing technology and modern Chinese patent medicines the invention patents creative elements to determine the specific relationship , then discuss the the modern Chinese patent medicine invention the creative elements of the criteria . Same or related technical field starting from the modern Chinese patent medicines , demonstrate the of artificial technical staff 's role in the decision process of invention patents , corrective justice or wrong practice to determine the substantial elements of the invention patent examiners are starting their own perspective . In this paper, the type of modern invention patent of proprietary Chinese medicines specifically addressed prominent substantive features and significant progress determination . The final chapter of this article summarizes the modern Chinese patent medicine invented method of determining substantial elements from the two disciplines of pharmacy and law analysis and demonstration of China 's judicial practice common problems and misunderstanding , and related proposals .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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