Patent Law In China

Patent is a right given by a sovereign state to the owner of an invention that prevents others from using the invention without the inventor permission. A patentable invention can be a solution to a specific technological problem. It can also be a product or process that provides a new approach of doing something or a technical improvement on how certain objects operate. Patents are a form of intellectual property. The procedures for apply patent, requirements for the invention to be able to apply patent, and extend of the exclusive rights are very wide between countries according to international agreements and national laws. However, for an invention to be patentable, it must general meet three eligibility criteria. First of all, the invention

This Law is enacted for the reason of protecting the lawful rights and savor of patentees. It also arouse and advocate invention the application of invention, enhance innovation and the economic and social development (“Patent Law of the People’s Republic of China”, 2008). According to the Patent Law of the People’s Republic of China, a person who like to apply for an invention or utility model patent, he would need to file the relevant documents including a written request, a written description and its abstract and a written claim. The name of the invention and inventor, title and address of the applicant and other related matters must be written in the written request. Additionally, the written description will need to contain a clear description of the invention and pictures of the invention if necessary. The reason for the written description is to carry out the invention by the professionals or technicians in the particular field. As for the abstract, it should contain an introduction to the technical points of the inventions. By the same token, by referring to the written description, a written claim should contain of a clear definition of the proposed scope of patent protection. It should also attest the original source of the genetic resources. However, if the applicant could not attest the original source, the reasons are needed. In the same way, when an individual wish to apply a design patent, written request, drawings or pictures of the design, brief description and other relevant documents are require to submit. The date of application is the date when the patent administration department receives the patent application documents. Whereas, if the documents are delivered by post, the date of postmark will be act as the date of the