While China is becoming an increasingly attractive patent filing destination for foreign companies, foreign counsels are often confused by the country’s inventive step requirement. Indeed, Chinese patent examiners often use abstract legal terms, such as “prominent substantive features” and “notable progress,” in their inventive step analysis. This article provides an overview of the inventive step requirement in China, in comparison with the non-obviousness standard in the United States.
Recent Posts
- IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart
- New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value
- Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities
- A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’
- Vidal Stresses Importance of Transparency and Integrity in Agency Decision-Making on Final Day of IPWatchdog LIVE