Title: ABC on China patent
Post by hwipsoon on Oct 30th, 2007, 7:27pm
1. What is invention?
The Rule 1 of Chapter one of the Implementing Regulations of the Patent Law of the People's Republic of China (hereinafter referred as Implementing Regulations) says that invention means any new technical solution relating to a product, a process or improvement.
2. What is the so-called utility model?
According to the rule 2 of Chapter one of the Implementing Regulations, utility model in the Patent Law represents any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
3. What does design in Patent Law means?
Design, in the word of the Implementing Regulations, means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.
4. How about the duration of patent protection in China?
The duration of patent right for inventions is twenty years, the duration of patent right for utility models and patent right for designs is ten years, counted from the date of filing, but basing on the rules of 39 and 40 of the Patent Law, the patent right for invention, utility model and design shall come into effect as of the date of the announcement. Therefore, the above-mentioned duration is just a calculating formula, but not exactly same as the years mentioned above.
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