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Creative non - obviousness , the important elements of the patent . Only from the surface of the conceptual point of view , is not difficult to understand , creative judgment , however , is difficult to define the problem . Creative review has an important position in the patent system , patent purpose of realization of the creative review its threshold adjustment role . U.S. patent examination system mainly derived from the case law , case law continues to develop , the patent system is evolving , the U.S. patent examination system has become one of the the world's most perfect system , is unique in the creative review . Therefore, the study of the U.S. patent system , particularly the United States Patent Examination Guidelines of great significance to China , in particular, contribute to the optimization of our patent system . Because of the special legislative tradition , the provisions on the review of the U.S. patent system scattered literature materials , including the Constitution of the United States , patent law , case law and the U.S. patent examination guides, U.S. patent examination guidelines including Graham basic facts about the principle of creative review to explore the principle and the principle of reasonable inference . Review the content and the way of the main content of the rules , the application was rejected and dismissed the relief . U.S. Patent Review Guide features include rich and specific principles reflect the flexibility and refinement of the rules to reflect practicality , a reference to jurisprudence and case reflects the image of metaphorical vocabulary reflects the practical, case law , and interaction reflects the development of substantive law . The of creative patent review , after a few modifications , has essentially been brought in line with the international practice , but there are still some problems . U.S. patent examination guidelines of inspiration , including rich principle to increase the specific principles ; refinement of rules ; appropriate increase in jurisprudence , the case described ; reference image representation and timely to modify .
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