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One Case a Day | China: Determination of the Actual Technical Problem Solved - (2022) Supreme People's Court Zhixing Zhong No. 132 (Part 1)
Case Introduction
Today's shared case is an administrative second-instance case of a utility model. This case was selected in the "100 Typical Cases of the Fifth Anniversary of the Establishment of the Supreme People's Court Intellectual Property Tribunal" released in 2024. It involves hot topics such as the determination of the actual technical problem solved, combination motivation, same technical field, and determination of conventional means, making it highly representative. Today, we focus on the second step of the three-step method: the determination of the actual technical problem solved. Tomorrow, we will share content related to combination motivation based on this case.
As previously discussed, the actual technical problem solved is the key to the entire evaluation of inventiveness. Whoever grasps it can dominate the entire reasoning process. After determining the distinctive technical features compared to the closest prior art, it is essential to first determine the technical effects brought about by these distinctive features before correctly determining the actual problem solved. If the verification of technical effects is neglected, it is easy to treat the distinctive technical features themselves as part of the technical problem, which can easily lead to underestimating the level of inventiveness due to "hindsight bias."
Case Information
- Application Number: 201520631644.0
- Title of Invention: A High-Efficiency Self-Generating Electrochemical Current Linkage Press Needle
- Request Date: October 22, 2020
- Invalidation Decision Number: No. 45693
- First-Instance Judgment: (2020) Jing 73 Xing Chu No. 14640
- Second-Instance Judgment: (2022) Supreme People's Court Zhixing Zhong No. 132
- Judgment Date: October 25, 2023
Important Information of the Case
The involved Claim 1 is as follows:
- A high-efficiency self-generating electrochemical current linkage press needle, characterized in that: the high-efficiency self-generating electrochemical current linkage press needle consists of a press needle device (1) and a conductive medical adhesive tape (2) for fixing the press needle device (1) and connecting and adhering other press needles. The aforementioned conductive medical adhesive tape (2) is made of conductive adhesive (3) and coated fabric (4). The press needle device (1) should be fixed on the conductive medical adhesive tape (2) for fixing the press needle device (1) and connecting and adhering other press needles. The coated fabric (4) of the conductive medical adhesive tape (2) is a coated fabric with conductive properties.
Evidence 1, aiming at defects such as the small size of existing press needle devices and limited electrochemical effects and range, provides a press needle electrochemical plaster that significantly improves the interaction and complementary effects between press needles and plasters during treatment, enabling press needles and plasters to jointly generate electrochemical and electromagnetic functions. The press needle electrochemical plaster consists of a press needle device (1) and a plaster and/or magnetic patch (2). The press needle device (1) is fixed on the plaster and/or magnetic patch (2). The plaster and/or magnetic patch (2) can be made by mixing various medical adhesives and various required external substances and/or magnetic substances, respectively, for fixing and adhering press needles and skin, and for interactive and complementary electrochemical and electromagnetic therapy between press needles and plasters.
Distinctive Technical Features
Regarding the closest prior art (Evidence 1) and the distinctive technical features, all parties have no objection. The distinctive technical features are: the conductive medical adhesive tape (2) for connecting and adhering other press needles; the aforementioned conductive medical adhesive tape (2) is made of conductive adhesive (3) and coated fabric (4); the coated fabric (4) of the conductive medical adhesive tape (2) is a coated fabric with conductive properties.
Actual Technical Problem Solved
Both the Reexamination Board and the first-instance court believed that the actual technical problem solved was how to generate electrochemical current linkage over a large range.
The second-instance court believed that the above determination was inappropriate. The actual technical problem solved should be: how to utilize the inherent characteristics of human skin to improve the efficacy of press needles through electrochemistry.
It is well-known in the field that acupuncture is an important therapy in traditional Chinese medicine, combining needle and moxibustion techniques. Needle technique involves inserting needle devices into the body at certain angles and using manipulation techniques such as twisting, lifting, and thrusting to stimulate specific parts of the human body for therapeutic purposes. Moxibustion involves burning or fumigating prepared moxa cones or mugwort on specific acupoints on the body surface, using thermal stimulation for therapeutic purposes. Thus, the treatment mechanism and principles of traditional acupuncture generally focus on external actions such as twisting, lifting, and thrusting, and thermal stimulation such as burning and fumigation.
The technical solution of this patent should belong to the application category of needle technique. Claim 1 of this patent introduces modern electrical technical means on the basis of traditional needle technique, specifically including technical elements such as coating conductive adhesive on a substrate, fully utilizing the body's inherent bioelectricity, and mutual linkage of currents to form a network.
Although Evidence 1 also mentions electromagnetic therapy, it does not disclose any technical content regarding "utilizing electrochemical current linkage to improve the therapeutic effect of acupuncture." In contrast, the overall conception of the technical solution in Claim 1 of this patent focuses on: in the absence of external current input, how to utilize the inherent characteristics of human skin, through a point-to-surface approach, to achieve the function of electrochemical current linkage within the range where the medical adhesive tape fits the skin, thereby improving the efficacy of press needles. Therefore, regarding the actual technical problem solved by Claim 1 of this patent, summarizing and refining it as "how to generate electrochemical current linkage over a large range" essentially equates technical means with the technical problem to be solved. This deviates from the specific role and effect of the distinctive technical features in Claim 1 of this patent, making it difficult to demonstrate and restore the derivation process and logic of technical thinking, and failing to objectively and accurately reflect the innovation level that Claim 1 should possess.
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