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

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.