For reasons why the grace period is not applicable, please refer to Article 30 of the Detailed Rules for the Implementation of the Patent Law.
Article 30 An international exhibition recognized by the China government as mentioned in Item (1) of Article 24 of the Patent Law refers to an international exhibition registered or recognized by the Bureau of International Exhibitions as stipulated in the Convention on International Exhibitions.
The academic conference or technical conference mentioned in Item (2) of Article 24 of the Patent Law refers to the academic conference or technical conference organized by the relevant competent authorities in the State Council or national academic organizations.
Where the invention-creation for which a patent is applied falls under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall declare it when filing the patent application, and submit the certification documents issued by relevant international exhibitions, academic conferences or technical conferences and the date of exhibition or publication within two months from the date of application.
Where an invention-creation for which a patent is applied falls under any of the circumstances listed in Item (3) of Article 24 of the Patent Law, the administrative department for patent in the State Council may, when it deems it necessary, require the applicant to submit supporting documents within a specified time limit.
Where the applicant fails to make a declaration and submit supporting documents in accordance with the provisions of the third paragraph of this article, or fails to submit supporting documents within the specified time limit in accordance with the provisions of the fourth paragraph of this article, the provisions of Article 24 of the Patent Law shall not apply to his application.