Discussion on Several Issues Concerning the Inventive step of Patent Applications Related to Biological Sequence
Year: 2024
Type: article
Abstract: The examination of inventive step of patent applications for invention for biological sequences follows a three-step method, and in analyzing claims containing administration features, it should avoid considering them as distinguishing features; In addition, the technical solutions of sequential patent applications are holistic and should not be considered separately; The verification of right of priority should be based on its own standards, rather than on the examination criteria of novelty or inventiveness; In addition, for an invention by combination, it is necessary to accurately determine the meaning of "collaboration" in specific applications; When patent applications involve different issues, it is important to avoid confusion between inventive step and supporting issues; Finally, for the technical problems actually solved by the invention, it is not advisable to overly prioritize or "replace" the role or function of the distinguishing features themselves as technical problems.
Author: Hu Hui
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4406103459