Discussion on Several Issues Concerning the Inventive step of Patent Applications Related to Biological Sequence

The examination of inventive step of patent applications for invention for biological sequences follows a three-step method, and in analyzing claims containing administration features, it should avoid considering them as distinguishing features; In addition, the technical solutions of sequential patent applications are holistic and should not be considered separately; The verification of right of priority should be based on its own standards, rather than on the examination criteria of novelty or inventiveness; In addition, for an invention by combination, it is necessary to accurately determine the meaning of "collaboration" in specific applications; When patent applications involve different issues, it is important to avoid confusion between inventive step and supporting issues; Finally, for the technical problems actually solved by the invention, it is not advisable to overly prioritize or "replace" the role or function of the distinguishing features themselves as technical problems.

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Publication Details

Journal
Journal of Research in Science and Engineering
Published
2024-12-26
DOI
https://doi.org/10.53469/jrse.2024.06(12).05
Primary Topic
Biotechnology and Related Fields
Type
article
Field-Weighted Citation Impact
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article

Discussion on Several Issues Concerning the Inventive step of Patent Applications Related to Biological Sequence

Hui Hu
Journal of Research in Science and Engineering
Biotechnology and Related Fields
article

Discussion on Several Issues Concerning the Inventive step of Patent Applications Related to Biological Sequence

Hui Hu
article en

Abstract

The examination of inventive step of patent applications for invention for biological sequences follows a three-step method, and in analyzing claims containing administration features, it should avoid considering them as distinguishing features; In addition, the technical solutions of sequential patent applications are holistic and should not be considered separately; The verification of right of priority should be based on its own standards, rather than on the examination criteria of novelty or inventiveness; In addition, for an invention by combination, it is necessary to accurately determine the meaning of "collaboration" in specific applications; When patent applications involve different issues, it is important to avoid confusion between inventive step and supporting issues; Finally, for the technical problems actually solved by the invention, it is not advisable to overly prioritize or "replace" the role or function of the distinguishing features themselves as technical problems.

Journal of Research in Science and EngineeringVol. 6(12)
Openalex Percentile: Top 62%
Biotechnology and Related Fields
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Discussion on Several Issues Concerning the Inventive step of Patent Applications Related to Biological Sequence — Hui Hu · Journal of Research in Science and Engineering (2024) | TGRS Research Map | TGRS