Why Do Examiners Fail To Recognize The Importance Of My "Parameter Features"?

The Impact of Parameter Features on Inventiveness

"Parameter features" – numerical or mathematical expressions that define the quantity or physical properties of a subject – frequently appear as technical features within a claim. Often described as numerical ranges or measurements, they frequently play a critical role in addressing technical problems. However, in practice, Examiners and courts often disregard or devalue the inventive contribution of these "parameter features", leading to considerable confusion among inventors.

Recently, the China National Intellectual Property Administration (CNIPA) released the 2023 Compilation of Key Decisions in Patent Reexamination and Invalidation Cases. Among the cases discussed, two decisions (Cases No. 24 and 25) provide valuable insights into how the parameters of chemical composition and physical properties of a subject influence the determination of inventive step.