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Patent Law of the People's Republic of China (2020 Amendment)[Effective]

Issuing authority:

Standing Committee of the National People's Congress,Standing Committee of the National People's Congress

Document Number:

Order No. 55 of the President of the People's Republic of China

Date issued:

10-17-2020

Effective date:

06-01-2021

Level of Authority:

Laws

Area of Law:

Patent

Patent Law of the People's Republic of China
(Adopted at the 4th Session of the Standing Committee of the Sixth National People's Congress on March 12, 1984; amended for the first time by the Decision on Amending the Patent Law of the People's Republic of China adopted at the 27th Session of the Standing Committee of the Seventh National People's Congress on September 4, 1992; amended for the second time by the Decision on Amending the Patent Law of the People's Republic of China, adopted at the 17th Session of the Standing Committee of the Ninth National People's Congress on August 25, 2000; amended for the third time by the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China adopted at the 6th Session of Standing Committee of the 11th National People's Congress of the People's Republic of China on December 27, 2008; and amended for the fourth time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend the Patent Law of the People's Republic of China adopted at the 22nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 17, 2020) 

Article 22 An invention or utility model for which a patent is to be granted shall be novel, inventive and practically applicable.
Novelty means that the invention or utility model is not an existing technology, and prior to the date of application, no entity or individual has filed an application heretofore with the patent administrative department of the State Council for the identical invention or utility model and recorded it in the patent application documents or patent documents released after the said date of application.
Inventiveness means that, as compared with the technology existing before the date of application the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
Practical applicability means that the invention or utility model can be made or used and can produce effective results.
The term “existing technology” as mentioned in this Law refers to the technologies known to the general public both at home and abroad prior to the date of application.

Article 23 Any design for which a patent is granted shall not be attributed to the existing design, and no entity or individual has, before the date of application, filed an application with the patent administrative department of the State Council on the identical design and recorded it in the patent documents published after the date of application.
As compared with the existing design or combination of the existing design features, the design for which a patent is granted shall have distinctive features.
The patented design may not conflict with the lawful rights that have been obtained by any other person prior to the date of application.
The term “existing design” as used in this Law refers to a design known to the general public both at home and abroad prior to the date of application.

Article 24 An invention for which a patent is applied for does not lose its novelty where, within six months before the date of application, one of the following events occurred:

(1) it is disclosed to the public for the first time in the public interest, when a state of emergency or any extraordinary circumstance occurs in the country;

(2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;

(3) where it was first made public at a prescribed academic or technological meeting;

(4) where it was disclosed by any person without the consent of the applicant.

Article 25 For any of the following, no patent right shall be granted:

(1) scientific discoveries;

(2) rules and methods for mental activities;

(3) methods for the diagnosis or for the treatment of diseases;

(4) animal and plant varieties;

(5) nuclear transformation methods and substances obtained in the method of nuclear transformation; and

(6) the design, which is used primarily for the identification of pattern, color or the combination of the two on printed flat works.
For processes used in producing products referred to in items (4) of the preceding paragraph, a patent may be granted in accordance with the provisions of this Law.