Definition of Invention Patent

 

According to Article 22，Inventions and utility models for which patent rights are to be granted shall be ones which are novel, creative and of practical use.
 

（1）Novelty means that the invention or utility model concerned is not an existing technology; no patent application is filed by any unit or individual for any identical invention or utility model with the patent administration department under the State Council before the date of application for patent right, and no identical invention or utility model is recorded in the patent application documents or the patent documentations which are published or announced after the date of application.
 

（2）Creativity means that, compared with the existing technologies, the invention possesses prominent substantive features and indicates remarkable advancements, and the utility model possesses substantive features and indicates advancements.
 

（3）Practical use means that the said invention or utility model can be used for production or be utilized, and may produce positive results.
For the purposes of this Law, existing technologies mean the technologies known to the public both domestically and abroad before the date of application

 

Chinese invention patents protect new technical solutions relating to a product, a process, or an improvement thereof. Invention patents have a 20-year term.

 

Application Process of Invention Patent

 

1. First stage is preliminary examination: after filing the application with the Patent Administrative Department under the State Council of the People’s Republic of China, the department begins by examining the form of the patent application.A patent application meeting the preliminary examination standard will be published within 18 months of the filing date.

 

2. Second stage is substantive examination: within three years of the filing date, a patent applicant can request the second stage.Only a patent application meeting the substantive standards of novelty, utility, and inventiveness will be awarded an invention patent. It usually takes three to five years for invention patents to be granted.

 

Article 24 Within six months before the date of application, an invention for which an application is filed for a patent does not lose its novelty under any of the following circumstances:

(1) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(2) It is published for the first time at a specified academic or technological conference; and
(3) Its contents are divulged by others without the consent of the applicant.

 

Article 25 Patent rights shall not be granted for any of the following:

(1) scientific discoveries;
(2) rules and methods for intellectual activities;
(3)methods for the diagnosis or treatment of diseases;
(4) animal or plant varieties;
(5) substances obtained by means of nuclear transformation; and
(6) designs that are mainly used for marking the pattern, color or the combination of the two of prints.
The patent right may, in accordance with the provisions of this Law, be granted for the production methods of the products specified in Subparagraph (4) of the preceding paragraph.

 

Required Documents for Invention Patent Application

 

(1)Claim: it is the most important document among the patent documents and it describes the protection scope of the patented technology (2)Abstract: it provides the outline of the key technical aspect of the patent (3)Specification: it provides written details and features of the patented technology (4)Drawings: it illustrates structures and details of the patent by drawings

 

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