研究論文
進歩性判断における課題共通性の上位概念化の上限に関する一考察
2019 年 34 巻 2 号 p. 169-178
詳細
2019 年 34 巻 2 号 p. 169-178
In this paper, this research focuses on the motivation in determining the inventive step which is one of the patent requirements at the time of patent examination. Patent examiners determine the inventive step by judging whether a person ordinarly skilled in the art of the invention is easilry able to make the claimed invention (filed invention) based on the cited inventions or not. The motivation is the factor by which a person ordinarly skilled in the art is easilry able to make the claimed invention based on the cited inventions. The motivation commonly used in examination is the similarity of the problems to be solved in combining a plurality of cited inventions, and the similarity of the problems to be solved between the calimed invention and one cited invention. In this research, I discuss how much similar of problems to be solved can be similarity of the above motivation by making superconceptualization.
