China -  Chinese law firm

What kind of invention or utility model can be granted a patent?

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.

Possessing novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications within the country or abroad or has been publicly used or made known to the public by any other means.

Possessing inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress, and that the utility model has substantive features and represents progress.

Possessing practical applicability means that the invention or utility model can be made or used, and can produce effective results.

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