The determination of novelty of a patent refers to an invention or utility model that has not been filed with the Patent Department of the State Council by any unit or individual before and is recorded in the patent application document or published patent document. However, there are three exceptions, such as when a national emergency or extraordinary situation occurs, and it is disclosed for the first time in the public interest.
Legal Basis
Article 24 of the "Patent Law of the People's Republic of China"
The invention-creation for which the patent is applied for must be filed six months before the filing date. Within the month, novelty will not be lost if one of the following circumstances occurs:
(1) When a national emergency or extraordinary situation occurs, it is disclosed for the first time in the public interest;
(2) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;
(3) Published for the first time at a prescribed academic conference or technical conference;
(4) Others leak the content without the applicant’s consent.