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   Help you to successfully obtain the Patent
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   Author  Topic: Help you to successfully obtain the Patent  (Read 698 times)
bandcnlawyer
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Help you to successfully obtain the Patent
« on: Dec 4th, 2007, 8:44pm »
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Practical Applicability of Patent  
Source: LIAONING BANDCN LAW FIRM  
 written by :  Fangfang Wang
The practical applicability is one of three necessary essential conditions. The following will mainly  
 
introduce the definition and standards of judgement of practical applicability and aims to help you to  
 
judge whether your invention and creation has practical applicability.
 
 
 
The practical applicability refers to that an invention or an utility model is able to be applied in industry  
 
and some countries call it “industrial practical applicability”. According to Patent Law of PRC, Practical  
 
applicability means that the invention or utility model can be made or used and can produce effective  
 
results.
 
 
 
According to the definition in the Patent Law, the practical applicability has the following standards:
 
Firstly, the practical applicability requires that the invention and creation is able to be made or used and  
 
is an completed and mature technical scheme, which means that the common technicists in the related  
 
field can operate the technical scheme after reading the technical scheme published.
 
 
 
Secondly, the practical applicability requires that your invention and creation is able to be produced  
 
repeatedly, which means that the common technicists in the related fields can operate the technical  
 
scheme of your invention and creation published repeatedly without the quantity limitation and obtain the  
 
same results each time.
 
 
 
Thirdly, the practical applicability requires your invention and creation is able to produce the positive  
 
effect, or can bring the economic or social benefits.
 
When you judge the practical applicability of your invention and creation, the following rules shall be  
 
followed :
 
Firstly, the examinants shall review the whole technical contents including the introduction, attached  
 
pictures and affidavit of claim, not only the content of affidavit of claim.
 
 
 
Secondly, the examinants shall make a decision based on the knowledge of common technicists in the  
 
related field not the knowledge of themselves.
 
 
 
Thirdly, the practical applicability, not like the novelty and inventiveness, has nothing to do with the  
 
process of the technology and the time of this technology.
 
 
 
Pay attention to the practical applicability of industrial design, according to the Patent Law of PRC, the  
 
industrial design also requires the practical applicability except the novelty, inventiveness and aesthetic  
 
feeling.
 
 
 
Generally, the following invention and creation aren’t deemed as in possession of the practical  
 
applicability:
 
 
 
Firstly, the invention and creation can’t be made or used repeatedly.
 
Secondly, the invention and creation lacks the necessary technical methods.
 
Thirdly, the technical scheme of invention and creation are against the order of nature.
 
Fourthly, the invention and creation is produced on the basis of the unique natural conditions.
 
Fifthly, the invention and creation has no any positive effects.
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