|
|
Comparison of Patent Examination Between China and Japan Concerning Novelty and Inventiveness of Protein Products |
SUN Qian, XU Li, ZHOU Mao-xin, ZHONG Hui |
Pharmaceutical and Biological Examination Department, Patent Examination Cooperation Center of The Patent Office, SIPO, Beijing 100190, China |
|
|
Abstract In fields of bio-engineering development and patent examinations, China and Japan have certain similarities. Specific to protein products, their criteria for inventiveness are basically the same. Meanwhile, Japan has the additional provision besides the case in China's "Guidelines for Patent Examination" in protein's novelty, as proteins differ from known ones only in terms of oligosaccharide chain is novel. China's invalidation case of No. 15463 and Japan's Heisei 14 No.505 precedent embody the examination standards, which have guiding significance in future's judgments.
|
Received: 29 July 2013
Published: 25 December 2013
|
|
|
|
[1] 金泽俭, 柴爱军, 董琤. 第15463号无效宣告请求审查决定. 2004. Jin Z J, Chai A J, Dong C. No.15463 Emaination Decisions on Request of Invalidation. 2004. [2] 日本特许厅. 生物相关发明的主要判决事例集. 2008. Japan Patent Office.the Main Case Sudies of Biological Inventions. 2008. [3] 中华人民共和国国家知识产权局. 专利审查指南. 北京: 知识产权出版社, 2010. 301-305. State Intellectual Property Office of the People's Republic of China.Guidelines for Patent Examination. Beijing: Intellecual Property Publishing House, 2010. 301-305. [4] 日本特许厅. 特殊领域发明的审查指南. 2012. 18/93-19/83. Japan Patent Office.Examination Guidelines for Inventions in Specific Fields. 2012.18/93-19/83. [5] 张晓都. 专利实质条件. 北京:法律出版社, 2002. 298-243. Zhang X D. Substantive Conditions of Patent:. Beijing:Law Press, 2002. 298-243. |
|
Viewed |
|
|
|
Full text
|
|
|
|
|
Abstract
|
|
|
|
|
Cited |
|
|
|
|
|
Shared |
|
|
|
|
|
Discussed |
|
|
|
|