Effective from October 1, 2009
On December 27, 2008, the "Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China" "Decision" was adopted by the Sixth Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China and came into effect on October 1, 2009.
Adopted at the fourth meeting of the Standing Committee of the Sixth National People's Congress on March 12, 1984[2]?, According to the second meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1992 The "Decision on Amending the Patent Law of the People's Republic of China" was revised for the first time at the 17th Session,?
According to the Standing Committee of the Ninth National People's Congress on August 25, 2000 The "Decision on Amending the Patent Law of the People's Republic of China" of the 17th Session was revised for the second time, in accordance with the "Decision on Amending the Patent Law of the People's Republic of China" of the 17th Session of the Standing Committee of the National People's Congress on December 27, 2008. The Decision to Amend the Patent Law of the People's Republic of China was revised for the third time.
Extended information:
Conditions for granting patent rights
Article 22 The inventions and utility models for which patent rights are granted shall possess novelty, creativity and Practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Baidu Encyclopedia-Patent Law of the People's Republic of China