Structure of Chinese Patent Law (1)What can be granted? Patents are granted for any inventions which are new, involve an inventive step, are suspectible of industrial application. 同诱大学 TONGJI UNIVERSITY
Structure of Chinese Patent Law (1) What can be granted ? Patents are granted for any inventions which ¾ are new, ¾ involve an inventive step, ¾ are suspectible of industrial application
Structure of Chinese Patent Law (2)Unpatentable are 1).General Prohibition:Art.5 Patent Law, Differs from country to country 2).List of Prohibition (in line with TRIPs) surgical,therapeutic and diagnostic methods >scientific discoveries,aesthetic creations, mathematical methods computer programs as such but:computer implemented inventions are patentable Invention created by using heritage resource 同濟大学 TONGJI UNIVERSITY
Structure of Chinese Patent Law (2) Unpatentable are 1). General Prohibition: Art. 5 Patent Law, Differs from country to country 2). List of Prohibition (in line with TRIPs) ¾ surgical, therapeutic and diagnostic methods ¾ scientific discoveries, aesthetic creations, mathematical methods ¾ computer programs as such but: computer implemented inventions are patentable ¾ Invention created by using heritage resource
Structure of Chinese Patent Law Who can be the right holder (1)In general,nationals and foreigners (national treatment under Conventions and Treaties like TRIPs) Private Autonomy Service Invention (Art.6,Para.1) Joint Invention (Art.8) 同濟大学 TONGJI UNIVERSITY
Structure of Chinese Patent Law Who can be the right holder (1) In general, nationals and foreigners (national treatment under Conventions and Treaties like TRIPs) ¾ Private Autonomy ¾ Service Invention (Art. 6, Para. 1) ¾ Joint Invention (Art. 8)
Structure of Chinese Patent Law (2)For foreigner:Paris Convention and TRIPs National Treatment Art.18:Article 18.[Practice of international treaty or by the principle of reciprocity for foreign applicant]Where any foreigner,foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China,the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China,or in accordance with any international treaty to which both countries are party,or on the basis of the principle of reciprocity. Link:Art.29 同濟大学 TONGJI UNIVERSITY
Structure of Chinese Patent Law (2) For foreigner: Paris Convention and TRIPs – National Treatment Art. 18:Article 18. [Practice of international treaty or by the principle of reciprocity for foreign applicant] Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. Link: Art. 29
Conditions for Granting Patent ▣(1)Novelty New Definition in 2008 Patent Law adopted the definition of EPC (European Patent Convention): Absolute Novelty The invention or utility model is absolutely new compared with "the technology existing before the date of filing the invention"(home and abroad) 同源大学 TONGJI UNIVERSITY
Conditions for Granting Patent (1 )Novelty New Definition in 2008 Patent Law adopted the definition of EPC (European Patent Convention): Absolute Novelty :The invention or utility model is absolutely new compared with “the technology existing before the date of filing the invention ” (home and abroad)