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Chinese Patent Law-Conditions for Granting Patent Rights
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Release time:2016-07-19
Chapter II Conditions for Granting Patent Rights
Article 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has filed an application for the same invention or utility model with the patent administration department under the State Council before the application date, and it is recorded in the published patent application documents or announced patent documents after the application date.
Inventiveness means that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be made or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology known to the public at home and abroad before the date of application.
Article 23 The design for which a patent right is granted shall not be an existing design; no unit or individual has filed an application with the patent administration department under the State Council for the same design before the date of application, and the application has been recorded in the patent documents announced after the date of application.
The design for which a patent is granted shall be significantly different from an existing design or a combination of existing design features.
The design for which a patent is granted shall not conflict with the lawful rights acquired by others before the date of application.
The existing design referred to in this Law refers to the design known to the public at home and abroad before the date of application.
Article 24 An invention-creation for which a patent is applied for shall not lose its novelty if, within six months before the date of filing, one of the following circumstances occurred:
(I) exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(II) first published at a prescribed academic or technical conference;
(III) others to divulge its contents without the consent of the applicant.
Article 25 No patent right shall be granted for the following:
(I) scientific discoveries;
(II) rules and methods of intellectual activity;
Diagnosis and treatment of (III) diseases;
(IV) animal and plant species;
(V) substances obtained by means of nuclear transformations;
A design that (VI) primarily identifies the pattern, color, or combination of the two of a flat print.
A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in Item (IV) of the preceding paragraph.
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