一、引言近兩年,在國家政策的指導下,專利審查愈發以對法律效果與社會效果的統一爲追求,導致創造性評判在專利審查體系中愈發居於舉足輕重的位置,且對於評判水平的要求也越來越高,但在實操層面也頻繁遇到了一些問題和困惑。愛因斯坦認爲,“解决問題的不可能是那些導致問題的思維模式”。修正舊有模式創設新的思維模式是一項艱巨的使命。本文嘗試以對問題的發掘與思考爲導引,重新審視實操層面中創造性評判的思維模式,以新的世情國情需要爲航標,從 I. INTRODUCTION In the recent two years, under the guidance of state policies, patent examination has been increasingly pursued through unification of legal and social effects, which has led to the fact that creative judgments have become increasingly more and more important in the patent examination system. The requirements are getting higher and higher, but some problems and puzzles are also frequently encountered in practical operation. Einstein believes that “the problem of solving problems can not be the ones that cause problems.” Fixing old patterns Creating new patterns of thinking is a daunting task. This paper attempts to explore and think of the problem as a guide, to re-examine the practical evaluation of creative thinking mode of thinking, with the new situation of the national conditions need to be aids to navigation, from