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Patent Law Of China
Patent law in modern mainland China began with the promulgation of the ''Patent Law of the People's Republic of China'', in 1984. In 1985, China acceded to the Paris Convention for the Protection of Industrial Property, followed by the Patent Cooperation Treaty in 1994. When China joined the World Trade Organization (WTO) in 2001, it became a member of the TRIPS agreement. To comply with its international obligations, as well as to facilitate its development into an innovative country, China has since amended its Patent Law three times: first in 1992, then again in 2000, and most recently in 2009. Types of patent protection Patents in China are granted by the China National Intellectual Property Administration (CNIPA), which was renamed in English on 28 August 2018 from State Intellectual Property Office (SIPO). There are three types of patents: invention patents, Chinese utility model patent, utility model patents, and design patents. Invention patents are substantively examine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. By convention, the territories that fall outside of the Chinese mainland include: * Hong Kong, a quasi-dependent territory under PRC rule that is officially designated a " Special Administrative Region of the PRC" (formerly a British colony) * Macau, a quasi-dependent territory under PRC rule that is officially designated a "Special Administrative Region of the PRC" (formerly a Portuguese colony) * Territories ruled by the Republic of China (ROC, commonly referred to as Taiwan), including the island of Taiwan, the Penghu (Pescadores) islands in the Taiwan Strait, and the islands Kinmen, Matsu, and Wuqiu (Kinmen) offshore of Fujian. Overseas Chinese, especially Malaysian Chinese and Chinese Singaporeans, use this term to describe p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beijing IP Court
} Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 million residents. It has an administrative area of , the third in the country after Guangzhou and Shanghai. It is located in Northern China, and is governed as a municipality under the direct administration of the State Council with 16 urban, suburban, and rural districts.Figures based on 2006 statistics published in 2007 National Statistical Yearbook of China and available online at archive. Retrieved 21 April 2009. Beijing is mostly surrounded by Hebei Province with the exception of neighboring Tianjin to the southeast; together, the three divisions form the Jingjinji megalopolis and the national capital region of China. Beijing is a global city and one of the world's leading centres for culture, diplomacy, politics, finance, business ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law In The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two Special Administrative Regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. During the Maoist period (1949–1978), the government had a hostile attitude towards a formalized legal system, because Mao and the Chinese Communist Party (CCP) "saw the law as creating constraints upon their power." The l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property In China
Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its ''2016 China Business Climate Survey Report'', and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Business Method Patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. Background In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, novelty, inventive step or non-obviousness, and industrial applicability (or utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, France passed a patent law that stated that "Any new discovery or invention, in all types of industry, is owned by its author...". Inventors paid a fee depending upon the desired ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Applicability
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance. An example of invention which would ''not'' be susceptible of industrial application is "a method of contraception ..to be applied in the private and personal sphere of a human being". In United States patent law, the utility requirement is a more or less corresponding, but different, requirement. Jurisdictions European Patent Convention Under the European Patent Convention (EPC), the requirement that an invention must be susceptible of industrial application to be patentable means that the invention "can be made or used in any kind of industry, including agriculture". In decis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be consid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person Having Ordinary Skill In The Art
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. The person mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product desi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priority Right
In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his ''successor in title''. The period of priority, i.e., the period during which the priority right exists, is usually 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is often referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novelty (patent)
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.: "I. Patentability; C. Novelty; 1. General" ("An invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Art. 54(1) EPC is to prevent the state of the art being patented again (T 12/81, OJ 1982, 296; T 198/84, OJ 1985, 209).") Definition Novelty is requirement for a patent claim to be patentable. In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considered new and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beijing Intermediate People's Court
} Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 million residents. It has an administrative area of , the third in the country after Guangzhou and Shanghai. It is located in Northern China, and is governed as a municipality under the direct administration of the State Council with 16 urban, suburban, and rural districts.Figures based on 2006 statistics published in 2007 National Statistical Yearbook of China and available online at archive. Retrieved 21 April 2009. Beijing is mostly surrounded by Hebei Province with the exception of neighboring Tianjin to the southeast; together, the three divisions form the Jingjinji megalopolis and the national capital region of China. Beijing is a global city and one of the world's leading centres for culture, diplomacy, politics, finance, business ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
