What is a patent?

Legal analysis: patent is a limited legal right, which prohibits others from implementing, using and selling inventions, which can be products, components, machines, processes or any novel, useful and innovative improvements mentioned above. The patent specification describes the invention, as well as the ways and processes of making and using the invention.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 19 Where any unit or individual applies to a foreign country for a patent for invention or utility model completed in China, it shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.

Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph.

The patent administration department of the State Council shall handle international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party, this Law and the relevant provisions of the State Council.

Where an invention or utility model that violates the provisions of the first paragraph of this Article is applied for a patent in a foreign country, the patent right shall not be granted in China.

Article 20 The application for patent and the exercise of patent right shall follow the principle of good faith. Do not abuse the patent right to harm the public interest or the legitimate rights and interests of others.

Abuse of patent rights, exclusion or restriction of competition, which constitutes a monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.

Article 21 The patent administration department in the State Council shall handle patent applications and requests in accordance with the requirements of objectivity, fairness, accuracy and timeliness.

The patent administrative department of the State Council shall strengthen the construction of public service system for patent information, publish patent information completely, accurately and timely, provide basic patent data, and publish patent bulletins regularly to promote the dissemination and utilization of patent information.

Before the patent application is published or announced, the staff of the patent administration department in the State Council and relevant personnel shall be responsible for keeping the contents confidential.