The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Nov 15th, 2019, 8:49pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Novelty
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Help you to  obtain the Patent in China
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Help you to  obtain the Patent in China  (Read 778 times)
bandcnlawyer
Newbie
*




   


Posts: 10
Help you to  obtain the Patent in China
« on: Oct 25th, 2007, 9:53pm »
Quote Quote Modify Modify

----the novelty of Patent  
written by :  Fangfang Wang from LIAONING BANDCN LAW FIRM in China
 
The best way to make full use of your invention and creation is to obtain the patent right. However, the  
 
patent right is greatly different from the other civil rights. Only the patent meeting the conditions regulated  
 
in Patent Law is able to be granted patent right. These conditions ordered by Patent Law are divided into  
 
two sectors: entitative conditions and procedural conditions.
 
 
 
Entitative conditions mean that the applicant shall guarantee the high level of the invention and creation,  
 
and includes inventiveness and practical applicability according to Patent Law. While procedural  
 
conditions mean that applicant shall perform the related legal procedure and process.
 
This special topic is to assist you to analyze the conditions required by the Patent Law and help you to  
 
decide whether your invention and creation is to be granted patent right .This passage will only focus on  
 
one of the essential conditions ---novelty.
 
 
 
The meaning of the novelty of invention and creation can be apparently explained as a technology  
 
unknown in the world, but what’s on earth the standard of novelty and how to judge whether the invention  
 
has novelty are critical problems. The Patent Law explicitly regulates the standard of novelty.
 
According to Patent Law, novelty means that, before the date of filing, no identical invention and creation  
 
has been publicly disclosed in publications in the country or abroad or has been publicly used or made  
 
known to the public by any other means in the country, nor has any other person filed previously with the  
 
Patent Administration Department Under the State Council an application which described the identical  
 
invention and creation and was published after the said date of filing. (the Patent Administration  
 
Department Under the State Council has been named State Intellectual Property Office of PRC)
 
From the conditions, the checkup of novelty is a comparison process between invention of application  
 
and invention known by people called as “document for comparison”. In all, there are two kinds of  
 
documents for comparison, which are public technology and conflicting application.
 
 
 
Public technology means the invention and creation which has been publicly disclosed in publications in  
 
the country or abroad or has been publicly used or made known to the public by any other means in the  
 
country.
 
 
 
Conflicting application means the invention and creation which has previously been filed to the State  
 
Intellectual Property Office of PRC and would be published after the said date of filing.
 
Therefore, it’s necessary for you to search the documents for comparison including public patent and  
 
conflicting application before you set foot on the road to apply for the patent right to make a preparatory  
 
judgement.
 
The public technology is often used to be compared with the invention and creation of application. The  
 
critical factor of the public technology is “degree of publication”. In practice, the scope of public  
 
technology is often ascertained by the following criterion:
 
The first is the methods of the publication. If the technology the same as your application or similar to  
 
your invention and creation has been spread in public in writing, by using or by other methods including  
 
but not limited to: dictation, report, broadcasting , TV ect. No matter which kind of methods is used to  
 
spread the same or similar technology and make the same or similar technology known to people, your  
 
technology of application has lost novelty.
 
 
 
The second is the date of publicity. If there are same or similar technology appearing in public before the  
 
filing date, your technology of application will lost novelty.
 
The third is the area of publicity. If the same or similar technology has been known in the country or  
 
abroad in publications, or has been publicly used or made known to the public by any other means in the  
 
country, your application has lost novelty.
 
 
 
IP Logged
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board