{"title":"从伊朗专利法看专利法中发明步骤要求的病理学","authors":"H. Najafi","doi":"10.6000/2817-2302.2023.02.05","DOIUrl":null,"url":null,"abstract":"The of the inventive step requirement, which apparently guarantees the growth of innovation and pursues industrial and economic development, despite enjoying some benefits, has always faced challenges, and in some cases such challenges are in conflict with the basis of the patent system, and it shows that the patent system is not always socially useful. The analysis of the mentioned challenges is mainly based on the economic principles and assessment tools of the requirement, i.e., examiners and person having ordinary skill in the art. Iran's patent system can also be criticized in terms of legislation and implementation and needs to be reformed. In this article, we intend to first examine the economic pathology regarding the assessment of the inventive step requirement in the patent system, then present the appropriate criterion that is similar to the copyright system, and explain the necessary suggestions.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"58 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Pathology of the Inventive Step Requirement in the Patent Law with a Look at Iranian Law\",\"authors\":\"H. Najafi\",\"doi\":\"10.6000/2817-2302.2023.02.05\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The of the inventive step requirement, which apparently guarantees the growth of innovation and pursues industrial and economic development, despite enjoying some benefits, has always faced challenges, and in some cases such challenges are in conflict with the basis of the patent system, and it shows that the patent system is not always socially useful. The analysis of the mentioned challenges is mainly based on the economic principles and assessment tools of the requirement, i.e., examiners and person having ordinary skill in the art. Iran's patent system can also be criticized in terms of legislation and implementation and needs to be reformed. In this article, we intend to first examine the economic pathology regarding the assessment of the inventive step requirement in the patent system, then present the appropriate criterion that is similar to the copyright system, and explain the necessary suggestions.\",\"PeriodicalId\":41655,\"journal\":{\"name\":\"中国法学前沿\",\"volume\":\"58 1\",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2023-05-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"中国法学前沿\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.6000/2817-2302.2023.02.05\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"中国法学前沿","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.6000/2817-2302.2023.02.05","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Pathology of the Inventive Step Requirement in the Patent Law with a Look at Iranian Law
The of the inventive step requirement, which apparently guarantees the growth of innovation and pursues industrial and economic development, despite enjoying some benefits, has always faced challenges, and in some cases such challenges are in conflict with the basis of the patent system, and it shows that the patent system is not always socially useful. The analysis of the mentioned challenges is mainly based on the economic principles and assessment tools of the requirement, i.e., examiners and person having ordinary skill in the art. Iran's patent system can also be criticized in terms of legislation and implementation and needs to be reformed. In this article, we intend to first examine the economic pathology regarding the assessment of the inventive step requirement in the patent system, then present the appropriate criterion that is similar to the copyright system, and explain the necessary suggestions.
期刊介绍:
Frontiers of Law in China seeks to provide a forum for a broad blend of peer-reviewed academic papers of law studies, in order to promote communication and cooperation between jurists in China and abroad. It will reflect the substantial advances that are currently being made in Chinese universities in the field of law. Its coverage includes all main branches of law, such as jurisprudence, constitutional jurisprudence, science of civil and commercial law, science of economic law, science of environmental law, science of intellectual property, science of criminal justice, science of procedural law, science of administrative law, science of international law, science of legal history, science of history of legal thoughts, etc.