發明進步性之認定原則 The Principle to Deem the Inventive Step of an Invention

發見發明為數引證之數技術特徵之結合，尚不足以謂能輕易完成之；惟若該發明明示之功効亦已揭露於該數引證時，殊難再倡對人類之技術有何貢獻，彀認為不具進步性。

If we find out that, an invention is a combination of several technical characters in several evidences, we are still insufficient to say it is easy to complete the invention; while if the clearly indicated effects of the invention are also disclosed in the evidences, we are yet difficult to think of its contribution for human technique, thus sufficient to conclude that, it lacks of an inventive step.

又申請人不明示發明之功效，而申辯該功效係實質上隱含者，如為直接且無歧異可得知者，既屬常識，何言進步之有？如否焉者，莫非意圖隱瞞技術之真實，職於是處大眾之利益，對其為否定之評價，自無可指摘之處。

Furthermore, in case that an application does not clearly indicate the effects of an invention, and argues that, the effect are substantially implicated, if the effects can be directly and unambiguously known, since they must be common sense, nowhere comes its inventive step; else if they cannot be directly and unambiguously known, it is reasonable to suspect that, the applicant must have intended to conceal the real technique, in order to obstruct the public to learn his technique, it is proper for us to make a negative evaluation for the invention.