65438. On February 27th, 2008, the Decision of the NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) was adopted at the 6th meeting of the 11th NPC Standing Committee in People's Republic of China (PRC), and came into force on June 27th, 2009.
1984 March 12 adopted at the fourth meeting of the standing Committee of the 6th NPC [2]? According to1September 4, 992, the decision on amending the patent law of People's Republic of China (PRC) was made at the 27th meeting of the seventh NPC Standing Committee.
According to the second amendment to the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 17th meeting of the Standing Committee of the Ninth NPC on August 25th, 2000, and the third amendment to the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 6th meeting of the 11th NPC Standing Committee on February 27th, 2008.
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Requirements for granting patent rights
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law