Article 5 No patent right shall be granted for inventions and creations that violate state laws, social ethics or harm public interests.
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Article 23. The design for which the patent right has been granted shall be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the application date, and shall not conflict with the legal rights previously obtained by others.
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(2) It was first published at a specific academic conference or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
The invention mentioned in Article 2 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) refers to a new technical scheme proposed for a product, method or its improvement.
The term "utility model" as mentioned in the patent law refers to a new technical method suitable for practical use for the shape, structure or combination of products.
Keith.
The term "design" as mentioned in the Patent Law refers to the shape, pattern or their combination of products, and the combination of color with shape and pattern.
A new design with aesthetic feeling and suitable for industrial application.
Article 30 The term "existing technology" as mentioned in the third paragraph of Article 22 of the Patent Law means the date of filing (if there is priority).
Before) published in domestic and foreign publications, publicly used in China or known to the public in other ways, that is, existing technology.
Article 31 The academic conference or technical conference mentioned in Item (2) of Article 24 of the Patent Law means the relevant director of the State Council.
Academic or technical meetings organized by departments or national academic groups.
Where an invention-creation for which a patent is applied falls under any of the circumstances listed in Items (1) and (2) of Article 24 of the Patent Law, the applicant shall
When filing an application for a patent, it is declared that, within 2 months from the date of filing, documents issued by the organization unit of the relevant international exhibition or academic conference or technical conference to prove that the invention and creation have been exhibited or published, and the date of exhibition or publication.
Where the 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 deems it necessary.
When necessary, the applicant may be required 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 second paragraph of this article, or fails to submit supporting documents within the specified time limit in accordance with the provisions of the third paragraph of this article, the provisions of Article 24 of the Patent Law shall not apply to his application.
Article 35 An application that can be filed as a patent belongs to a general patent in accordance with the first paragraph of Article 31 of the Patent Law.
Two or more inventions or utility models should be related to each other technically, including one or more identical or corresponding specific technical features, in which the specific technical features refer to the technical features that each invention or utility model as a whole contributes to the existing technology.
Article 36 The term "the same category" as mentioned in the second paragraph of Article 31 of the Patent Law means that products belong to the same subcategory in the classification table; complement
Sales or use means that all products have the same design concept and are customarily sold and used at the same time.
In accordance with paragraph 2 of Article 31 of the Patent Law, if two or more designs are filed as one application, each design shall
The design serial number is marked before the view name of each product that uses the design.