China -  Chinese law firm

What are the requirements for obtaining patent rights?

For an invention or utility model to be granted a patent, it must possess novelty, inventiveness and practical applicability. Novelty means that before the date of filing, no identical invention or utility model has been publicly disclosed in publications in China or abroad or has been publicly used or made known to the public by any other means in China, nor has any other person filed previously with the Chinese Intellectual Property Office an application which described the identical invention or utility model and was published after the said date of filing. Inventiveness means that compared with the prior subject material existing before the filing date the invention has prominent substantive features and represents 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.

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