Analysis of Determining Distinguishing Features and Technical Problems in Patent Examination Among China,the US,and Europe
CHEN Xiaoqing
Abstract：In the context of intensified global economic competition,while China leads in the number of patent applications,the quality of its invention patents is lacking,highlighting a dilemma of"quantity versus quality imbalance".This paper focuses on a crucial aspect of the inventive examination process—"determining distinguishing features and technical problems."Using the case study of 376 patent families in lighting technology as empirical samples,we conduct a comparative analysis of the differences in regulations among China,the US,and Europe.The study finds that China follows a"three-step method"to simultaneously determine distinguishing features and technical problems,Europe employs a"problem-solution approach"to construct objective technical problems,and the US emphasizes the assessment of"distinguishing features"through case law.Additionally,the study reveals that the absence of technical effect analysis in the examination practices of China,the US,and Europe leads to misjudgment of technical problems,thereby affecting the accuracy of inventive judgments.The paper suggests strengthening the logical chain of"technical problem→distinguishing features→technical effect,"using technical effects as an objective benchmark to enhance the scientific nature of inventive judgments.This research provides theoretical and practical guidance for optimizing China's patent examination standards and fostering high-quality patents.
Keywords：distinguishing featurestechnical issuestechnical effectsthree-step approachGraham factorsproblem-solution
Publication Date：2025-04-30
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：9( 22-30 )