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Intellectual Property and Commercial Court

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2009 Min Zhuan Shang Zi No. 58

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Decision No. 2009 Min Zhuan Shang Zi No. 58
Date January 20, 2010
Decision Highlight

If the prior art has an effect of teach-away on the combination of some known elements, it is hard to say that an invention that successfully combines those known elements would have been easily made by a person of ordinary skill person in the art, so as to lack of inventive-step. The so-called "teach-away" means that the prior art has clearly excluded the combination of known elements or teaches that the combination of known elements is technically of inconsistency. Or, it means that based on the technical content disclosed in the prior art, regarding the problem that an invention is intended to solve, a person of ordinary skill in the art will take a research approach that is different from the technical measure adopted by the inventor. As for different technical measures proposed in the prior art regarding the same technical problem, or as for the fact that the prior art only discloses part of the embodiments, it does not necessarily lead to the existence of teach-way. This is because the content of the prior art does not prevent a person of ordinary skill in the art from using the technical measure adopted by the invention, so as to influence the motivation of combining known elements.

Keywords

Teach-away, inventive step

Relevant statutes Article 20, Paragraph 1, Subparagraph 1 and Paragraph 2 of the Patent Act (1994-1-21)
  • Release Date:2020-11-13
  • Update:2020-12-07
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