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Archived updates for Tuesday, January 16, 2007

The ABCs of Chinese Patent Law from SIPO

The Chinese State Intellectual Property Office has published "ABC on china patent" in English. Here's a sample:

8. What are 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 the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other people filed previously with the Patent Administration Department under the State Council and are recorded in the administration department. 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. Practical applicability indicates that the invention or utility model can be made or used and can produce effective results.

Note that public use outside of China does not neccesarily constitute prior art in China. How does one say "file early and often" in Chinese?
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