第三次专利法及指引修改-aippi.ppt

AIPPI Forum ExCo in Hyderabad (India)13-18 October 2011 Cotents How to determine the inventorship Inventorship and security clearances Solutions to issues incurred by joint inventions Reward and remuneration for inventors of service inventions How to determine the inventorship Inventorship Rule 13 (the new Implementing Regulations) provides that: Inventor or creator means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who offers facilities for making use of material and technical means, or who takes part in other auxiliary functions, shall not be considered as inventor or creator Key words: “creative contributions to the substantive features”; “auxiliary functions” How to determine the inventorship creative contributions to the substantive features Wherein, the substantive features should be the features that distinguish the invention from the most related prior art and thus make the invention patentable. While in practice, creative contributions would generally be referred to the act of proposing the original idea of the invention or the substantive features Joint invention and Joint inventors In many cases, inventions were accomplished by joint inventors, which might subsequently lead to issues about security clearance and dispute on rewards and remuneration. Inventorship and security clearances Security clearances Article 20 (the new Patent Law) provides that, Where any entity or individual intends to file an application for patent abroad for any invention or utility model developed in China, it or he shall request in advance the Chinese Patent Office for confidentiality examination…… Key words: “any entity or individual”; “developed in China”; “confidentiality examination” Inventorship and security clearances Interpretations Security examination shall only co