There are three ways to disclose the existing technology in China's patent law, namely, publication, use and other ways. Publication publicity means that the independent communication carrier records the technical or design content, and the publication date should be the time of publication or publication, which needs evidence to prove. The publication has a wide range of contents, which refers to the above information that is publicly printed and can be obtained by the public. For example, patent documents, science and technology magazines, science and technology books, academic papers, professional documents, textbooks, technical manuals, officially published meeting minutes or technical reports, newspapers, brochures, samples, product catalogues, etc.; At the same time, it also includes various microfilms, films, photographic negatives, tapes, records, CDs, disks, etc. made by other methods. The written information that can be obtained by the public here refers to the technical content recorded in writing that can be obtained by ordinary technicians in their technical fields. As for what language these publications are recorded in, how much they are published, where they were published, when they were published, and how they were obtained, no one has read them; Whether the applicant knows it or not is irrelevant. Publications printed with the words "internal distribution" and "internal publications" shall be handled according to the actual situation. If they are indeed confidential information within a specific scope, they are not within the scope of public publication. On the issue of determining the publication date, according to China's situation, the publication without publication date will be published on its first printing date. If the printing date only indicates the year, month or year, it will be published on the last day of the said month or December 31st of that year. However, due to various reasons, some publications can't be published on schedule, which leads to the fact that the actual publication date is different from the specified publisher. Therefore, when there is a dispute about the publication date, as long as a valid certificate can be provided, it can be handled according to the certificate. 2 The disclosure of use refers to the disclosure of technical solutions due to use, or the technical solutions are in a state that the public can know. The open day of use is the day when the public can learn about the product or method. The disclosure of use refers to the disclosure of the technical scheme due to use, or the technical scheme is in a state that anyone in the public can know.
Use publicity includes not only manufacturing, using, selling or importing, but also making the public know its technical content through model demonstration. However, a product display that does not give any explanation about the technical content, so that the technicians in the technical field cannot know its structure and function or material composition, does not belong to the use disclosure.
it must be used in a place where the public can reach, so that the public can observe the application mode of the invention or utility model and clearly understand all the technical details of the invention or utility model. Oral conversations, reports, and seminar speeches shall be made public on the day when they occur. Reports of radio, television or movies that can be received by the public shall be made public on the broadcast day.