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Recently, the Intellectual Property Court of the Supreme People's Court concluded a case of "Administrative Dispute over Invalidity of Invention Patent Right" and held that the invention concept should be considered when determining the distinguishing technical features.
The Supreme People's Court held that: when judging the distinguishing technical features of the invention claiming protection relative to the closest prior art, the technical distinctives between the invention and the closest prior art should be determined on the ground of the inventive concept of the invention.
The inventive concept is a technical improvement idea based on which inventors seek technical solutions to solve technical problems in the process of technical research and development.
The typical significance of this case lies in further clarifying the role of the inventive concept in identifying distinguishing technical features and improving the accuracy of identifying distinguishing technical features.