Chapter II Conditions for Granting Patent Rights
Article 22 The invention and utility model for which a patent right is granted shall be novel, inventive and practical.
Novelty means that the invention or utility model does not belong to the prior art; nor has any unit or individual filed an application for the same invention or utility model with the patent administrative department under the State Council prior to the date of filing, which has been recorded in the patent application documents published or announced after the date of filing.
Inventiveness means that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress.
Utility means that the invention or utility model is capable of being manufactured or used and of producing positive effects.
Prior art, as referred to in this Law, means technology that is known to the public at home and abroad before the date of filing.
Article 23 A design for which a patent right is granted shall not be a prior design; nor has any unit or individual filed an application with the patent administrative department under the State Council in respect of the same design before the date of filing, which has been recorded in a patent document published after the date of filing.
The design for which the patent right is granted shall be clearly distinguishable from an existing design or a combination of features of an existing design.
The design for which a patent right is granted shall not conflict with the legal rights of others which have been acquired before the filing date.
The existing design referred to in this Law means a design which is known to the public at home and abroad before the date of application.
Article 24 An invention or creation for which a patent application is filed shall not lose its novelty if, within six months prior to the date of filing, one of the following circumstances exists:
(1) it is exhibited for the first time in an international exhibition sponsored or recognized by the Chinese government;
(2) it is presented for the first time in a prescribed academic or technical conference;
(3) its content is disclosed by others without the applicant's (c) The disclosure of its contents by others without the applicant's consent.
Article 25 No patent shall be granted for:
(1) scientific discoveries;
(2) rules and methods of intellectual activity;
(3) methods of diagnosis and treatment of diseases;
(4) varieties of animals and plants;
(5) substances obtained by means of atomic nucleus transformations;
(VI) Designs for graphic prints in which the design, the color or the combination of the two plays a predominantly identifying role.
Patents may be granted in accordance with the provisions of this Law for methods of producing the products listed in item (d) of the preceding paragraph.
Chapter III Application for Patent
Article 26 An application for a patent for an invention or a utility model shall be filed by submitting a request, a specification, an abstract thereof and the claims.
The request shall state the name of the invention or utility model, the name of the inventor, the name or name and address of the applicant, and other matters.
The specification should be a clear and complete description of the invention or utility model, in order to belong to the technical field of technical personnel can realize prevail; if necessary, there should be attached drawings. The abstract should briefly explain the technical points of the invention or utility model.
The claims shall be based on the specification, clearly and briefly define the scope of the patent protection.
Relying on genetic resources to complete the invention, the applicant shall state the direct source of the genetic resources and the original source; the applicant is unable to state the original source, should state the reasons.
Article 27 Where an application for a design patent is filed, the application shall be submitted with a request, pictures or photographs of the design and a brief description of the design.
The pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is sought.