| The Chinese Patent Law provides that any invention or utility model for which a patent right is granted must possess novelty, inventiveness and practical applicability.
---Novelty An invention or utility model is novel if, before the filing date, no identical invention or utility
model has been disclosed in publications anywhere in the world, or has been publicly used or made
known to the public by any other means in China. Novelty is destroyed by an application, filed earlier
by other person that describes an identical invention or utility mode and is published by the State
Intellectual Property Office after the filing date of the said invention or utility model.
---Novelty A design is novel if it is not identical with and similar to any design, which, before the filing
date, has been publicly disclosed in publications anywhere in the world or has been publicly used in
China, and must not be in conflict with any prior right of any other person.
---Inventiveness An invention possesses inventiveness if, compared with the technical solutions
existing before the filing date, the invention has prominent substantive features and represents a
notable progress.
---Inventiveness A utility model possesses inventiveness if it has substantive features and represents
progress.
---Inventiveness There is no inventiveness requirement for design patent.
---practical applicability means that the invention or utility model can be made or used, and can
produce effective results. |
