When examining the inventive step of a patent for an invention, in order to avoid misjudgment due to subjective arbitrariness (such as hindsight), the following factors are to be taken into account by the court: (1) the patent for the invention addresses a long-felt need; (2) the commercial success of the patent for the invention as a substitute for a prior art product; (3) the license and the acquiesce of competitors; (4) reproduction and recognition of the invention by infringers; and (5) there are no similar or identical invention(s).
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Translated from the Chinese by Tien-hsin Wang.
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Patent Act 1994, Arts. 22(1) and (3), 71 subpara. (3). “Q-Code”. IIC 54, 773–777 (2023). https://doi.org/10.1007/s40319-023-01341-8
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DOI: https://doi.org/10.1007/s40319-023-01341-8