An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(2) It was first published at a specific academic conference or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant.
Proof material
Therefore, in any of the above three cases, if the applicant requests not to lose the grace period of novelty, it shall be stated in the request when filing the application, and the supporting materials shall be submitted within two months from the date of filing. If the contents are made public without the consent of the applicant, and the applicant knows it after the application date, he shall submit the certification materials within two months after knowing the situation.
(1) The certification materials of the international exhibition shall be issued by the organizer of the exhibition. The certification materials shall indicate the date and place of the exhibition, the name of the exhibition and the date, form and content of the invention, and affix the official seal.
(two) the certification materials of academic conferences and technical conferences shall be issued by the relevant competent departments of the State Council or the national academic organizations that organize the conferences. The certification materials shall indicate the date and place of the meeting, the name of the meeting, and the date, form and content of the publication of the invention, and affix the official seal.
(3) The evidential materials submitted by the applicant involving the disclosure of the application contents by others shall indicate the date, method and contents of disclosure, and shall be signed or sealed by witnesses.
If the certification materials are submitted within the time limit or do not meet the above requirements, the examiner shall issue a notice not requiring a grace period for loss of novelty.