An Empirical Study on the Non-Obviousness Requirement of Invention Patent

• Main Authors: Cheng-Hsien Yuan, 袁承賢
• Other Authors: Chung -Jen Cheng
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/11556749627806659986

碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 97 === The majority reasons in the judgment is relatively with "non-obviousness" in utility patent application filing or appeal cases in Taiwan, and It is usually to be rejected when it appeals to High Administrative Court. That's why we need to make a further study. First, we introduce the history of concept and development in "non-obviousness", then explain the judgment steps. Because Taiwan's patent system has close relationship with United State, so we also introduce the same affairs in U.S. After that, we use the above mentioned judgment steps to examine the screened Administrative fourteen cases, and make comments. Besides, we establish the judgment factors from those 14 cases, and arrange them for tables, for showing and emphasizing the trend and issues of practice. We hope such study could be a base for other people to do further study.