目前有一个专利已经公开,它保护了一个物质A的制备,使用的是中间体B(具体的化合物,即含有一个取代基为溴)进行制备,而我们将要申请的专利中也是制备物质A,但使用的中间体与中间体B仅取代基(即溴)不同,我们使用的中间体的取代基是碘,其它的都相同,这样,如果我们申请专利,那我们的专利还具有创造性吗?
希望各位战友,指点指点!
The case should be analyzed as follows:
1. Why you use iodine to replace bromine?
2. Although china may not adopt TSM (TEACHING, SUGGESTION AND MOTIVATION) rule, it seems that the rule can analyze your inventive step of your invention over the prior art.
3. If you unfortunately fails to pass the rule, you may consider secondary consideration (such as your invention solving a question for a long term or a successful business based on your invention).
4.In addition, I actually wonder that the scope of the prior art you mentioned is directed to bromine rather than halogen. Basically, a good patent attorney will draft such bad drafting to allow bypassing your the case.
5. You may know selection invention to seek a limited scope.
6. If possible, I suggest reading the examination guide concerning inventive step. |