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Relevant Legal provisions of Patents

Relevant Legal provisions of Patents

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Product Description


Condition for obtaining a patent

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Article 22 of the Patent Law of our country, in order to obtain a patent for an invention or utility model, must meet the following three conditions:
1. Novelty
China's "Patent Law" stipulates that novelty means that before the date of filing a Patent Application, no identical invention or utility model has been publicly published in domestic and foreign publications, publicly used in China, or otherwise known to the public. Nor has the same invention or utility model been filed by others from the patent administration department under the State Council and recorded in the patent application file published after the filing date. Novelty is the primary condition for patenting inventions and utility models.
As for how to determine whether an invention has novelty conditions, countries have the following main criteria:
(1) Time standard, that is, whether a certain invention is novel by using a certain time as a limit.
(2) Geographical standards, that is, whether an invention is publicly available within a certain area to judge whether an invention is novel.
(3) Method standard, that is, in what way (written, use, verbal) to disclose an invention to judge whether it is novel.
Time and geographical standards have been adopted in China and most countries. In order not to affect the inventor's patent rights under certain circumstances, China's Patent Law also stipulates that all inventions and exhibitions exhibited at exhibitions hosted or recognized by the Chinese government, or published at academic conferences and technical conferences. Creating an invention, if the inventor filed a patent within six months from the date of publication or publication, would not be considered to have lost novelty.

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2, creativity
Creativity, also known as advancement. It refers to the invention's outstanding substantive technical characteristics and significant progress compared with the technology existing before the filing date. The utility model has substantial features and progress. This is a quality requirement for a patented invention or utility model, i.e., the patented invention must be higher than the prior art, and is not readily available to the average person skilled in the art. Since determining whether a patent application has creative conditions requires various complicated technical problems, the patent administration department under the State Council must compare the inventions for applying for patents with the existing technologies, from the aspects of use, structure, and effects. Determine if it is creative.
3, practicality
It means that the invention or utility model can be manufactured or used and can produce positive effects. This is an important condition for an invention or utility model to be patented. It can be manufactured or used, mainly referring to the invention or utility model being able to be manufactured or used industrially.
Any invention or utility model must have the above three conditions in order to obtain the patent right. Without any of the conditions, no patent right can be obtained.

Inventions that cannot obtain patent rights
An invention may not be patentable even if it has the conditions of novelty, creativity and practicality. Article 25 of China's Patent Law stipulates that no patent right shall be granted for the following inventions:
1). Scientific discovery;
2). Rules and methods of intellectual activity;
3). Diagnosis and treatment of diseases;
4). Animal and plant varieties;

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5). Substances obtained by atomic nuclear transformation.

In addition, China's "Patent Law" also clearly stipulates that patents are not granted for inventions and creations that violate national laws, social morality or hinder public interest.

Looking for ideal Chinese Patent Application Manufacturer & supplier ? We have a wide selection at great prices to help you get creative. All the China Design Patents are quality guaranteed. We are China Origin Factory of Patent Office China. If you have any question, please feel free to contact us.

Product Categories : Patent Application > Application Process

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