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Conditions for Granting Patents

Time:2014-03-13 Hit:920

Conditions for Granting Patents

There are three principles of granting the patents:

  Novelty; novelty means that the invention or utility model does not belong to the existing technology; No entity or individual has the same invention or utility model in the application to the administrative department for patent ever presented before the date of application, and record in the patent application documents published or announced.

Inventiveness, inventiveness means that the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress as compared with the existing technology.

Practical applicability means that the invention or utility model can be made or used and can produce effective results.

  The design that applying for patent shall not be the same or similar with any design publicly disclosed domestic or abroad, and it shall not in conflict with any prior rights of any other person.

  Within six months, when first exhibited at an international exhibition sponsored or recognized by China government or first made public at a prescribed academic or technological meeting, it shall be considered as novelty too.

However, in the following circumstance, the patent shall not be granted:

1. The scientific discovery

2. The rules and methods of mental activity

3. The diagnosis and treatment of disease

4. Animal and plant varieties, except for the production method

5. With the nuclear transformation method for material

6. For graphic print design, color, or a combination of both to make the design of the main role identification

More information please contact patent lawyer in China

shanghai attorney