With regard to whether the patent products involved in the case
have achieved commercial success, the Supreme People's Court
held that when it is difficult to judge the inventiveness of the
technical solution by adopting the "Three-Step Method" or
it is concluded that the technical solution doesn't have
inventiveness by adopting the "Three-Step Method", the
commercial success should be included in the consideration factors
of the inventiveness judgment from the perspective of the social
and economic incentives. When the applicant or patentee claims that
the invention or utility model has achieved commercial success, it
shall examine that 1) whether the technical solution of the
invention or utility model has actually achieved commercial
success; 2) whether the commercial success stems from the improved
technical features in the technical solution of the invention or
utility model compared with the prior art, rather than the other
technical features other than the
