专利法实施细则(英文版)

篇一：专利法实施细则英文版

Implementing Regulations of the Patent Law of the People's Republic of China

(Promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001, and effective as of July 1, 2001)

(Translated by the Patent Administration Department under the State Councilof the People's Republic of China. In case of discrepancy, the original version shall prevail.)

Chapter I General Provisions

Rule 1. These Implementing Regulations are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).

Rule 2 "Invention" in the Patent Law means any new technical solution relating to a product, a process or improvement thereof.

"Utility model" in the Patent Law means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.

"Design" in the Patent Law means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.

Rule 3 Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied with in a written form or in any other form prescribed by the Patent Administration Department under the State Council .

Rule 4 Any document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth by the State; where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated.

Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations is in a foreign language, the Patent Administration Department under the State Councilmay, when it deems necessary, request a Chinese translation of the certificate or the certifying document be submitted within a specified time limit; where the translation is not submitted within the specified time limit, the certificate or certifying document shall be deemed not to have been submitted.

Rule 5 Where any document is sent by mail to the Patent Administration Department under the State Council , the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the Patent Administration Department under the State Councilreceives the document shall be the date of filing, except where the date of mailing is proved by the party concerned.

Any document of the Patent Administration Department under the State Councilmay be served by mail, by personal delivery or by other forms. Where any party concerned appoints a patent agency, the document shall be sent to the patent agency; where no patent agency is appointed, the document shall be sent to the liaison person named in the request.

Where any document is sent by mail by the Patent Administration Department under the State Council , the 16th day from the date of mailing shall be presumed to be the date on which the party concerned receives the document.

Where any document is delivered personally in accordance with the provisions of the Patent Administration Department under the State Council , the date of delivery is the date on which the

party concerned receives the document.

Where the address of any document is not clear and it cannot be sent by mail, the document may be served by making an announcement. At the expiration of one month from the date of the announcement, the document shall be deemed to be served.

Rule 6 The first day of any time limit prescribed in the Patent Law and these Implementing Regulations shall not be counted in the time limit. Where the time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, the time limit shall expire on the last day of that month; if a time limit expires on an official holiday, it shall expire on the first working day following that official holiday.

Rule 7 Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Councilis not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit, state the reasons, together with relevant supporting documents, and request the Patent Administration Department under the State Councilto restore his or its rights.

Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Councilis not observed by a party concerned because of any justified reason, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notification from the Patent Administration Department under the State Council , state the reasons and request the Patent Administration Department under the State Councilto restore his or its rights.

Where the party concerned makes a request for an extension of a time limit specified by the Patent Administration Department under the State Council , he or it shall, before the time limit expires, state the reasons to the Patent Administration Department under the State Counciland go through the relevant formalities.

The provisions of paragraphs one and two of this Rule shall not be applicable to the time limit referred to in Articles 24, 29, 42 and 62 of the Patent Law.

Rule 8 Where an application for a patent for invention relates to the secrets of the State concerning national defense and requires to be kept secret, the application for patent shall be filed with the patent department of national defense. Where any application for patent for invention relating to the secrets of the State concerning national defense and requiring to be kept secret is received by the Patent Administration Department under the State Council , the application shall be forwarded to the patent department of national defense for examination, and the Patent Administration Department under the State Councilshall make a decision on the basis of the observations of the examination made by the patent department of national defense.

Subject to the preceding paragraph, the Patent Administration Department under the State Councilshall, after receipt of an application for patent for invention which is required to be examined for the purpose of security, send it to the relevant competent department under the State Council for examination. The relevant competent department shall, within four months from the date of receipt of the application, notify the Patent Administration Department under the State Councilof the results of the examination. Where the invention for which a patent is applied for is required to be kept secret, the Patent Administration Department under the State Councilshall handle it as an application for secret patent and notify the applicant accordingly.

Rule 9 Any invention-creation that is contrary to the laws of the State referred to in Article 5 of the Patent Law shall not include the invention-creation merely because the exploitation of which is prohibited by the laws of the State.

Rule 10 The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means the priority date where priority is claimed.

The date of filing referred to in these Implementing Regulations, except as otherwise prescribed, means the date of filing prescribed in Article 28 of the Patent Law.

Rule l1 "A service invention-creation made by a person in execution of the tasks of the entity to which he belongs" referred to in Article 6 of the Patent Law means any invention-creation made:

(1) in the course of performing his own duty;

(2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which he belongs;

(3) within one year from his resignation, retirement or change of work, where the invention-creation relates to his own duty or the other task entrusted to him by the entity to which he previously belonged.

"The entity to which he belongs" referred to in Article 6 of the Patent Law includes the entity in which the person concerned is a temporary staff member. "Material and technical means of the entity" referred to in Article 6 of the Patent Law mean the entity's money, equipment, spare parts, raw materials or technical materials which are not disclosed to the public.

Rule 12 "Inventor" or "creator" referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who offers facilities for making use of material and technical means, or who takes part in other auxiliary functions, shall not be considered as inventor or creator.

Rule l3 For any identical invention-creation, only one patent right shall be granted.

Two or more applicants who respectively file, on the same day, applications for patent for the identical invention-creation, as provided for in Article 9 of the Patent Law, shall, after receipt of a notification from the Patent Administration Department under the State Council , hold consultations among themselves to decide the person or persons who shall be entitled to file the application.

Rule 14 Any assignment of the right to apply for a patent or of the patent right, by a Chinese entity or individual, to a foreigner shall be approved by the competent department for foreign trade and economic affairs of the State Council in conjunction with the science and technology administration department of the State Council.

Rule 15 Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the patent right is transferred because of any other reason, the person or persons concerned shall, accompanied by relevant certified documents or legal papers, request the Patent Administration Department under the State Councilto make a registration of change in the owner of the patent right.

Any license contract for exploitation of the patent which has been concluded by the patentee with an entity or individual shall, within three months from the date of entry into force of the contract, be submitted to the Patent Administration Department under the State Councilfor the record.

Chapter II Application for Patent

Rule l6 Anyone who applies for a patent in written form shall file with the Patent Administration Department under the State Councilapplication documents in two copies.

Anyone who applies for a patent in other forms as provided by the Patent Administration Department under the State Councilshall comply with the relevant provisions.

Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the Patent Administration Department under the State Council , shall submit at the same time a power of attorney indicating the scope of the power entrusted.

Where there are two or more applicants and no patent agency is appointed, unless otherwise stated in the request, the applicant named first in the request shall be the representative.

Rule l7 "Other related matters" in the request referred to in Article 26, paragraph two of the Patent Law means:

(1) the nationality of the applicant;

(2) where the applicant is an enterprise or other organization, the name of the country in which the applicant has the principal business office;

(3) where the applicant has appointed a patent agency, the relevant matters which shall be indicated; where no patent agency is appointed, the name, address, postcode and telephone number of the liaison person;

(4) where the priority of an earlier application is claimed, the relevant matters which shall be indicated;

(5) the signature or seal of the applicant or the patent agency;

(6) a list of the documents constituting the application;

(7) a list of the documents appending the application; and

(8) any other related matter which needs to be indicated.

Rule l8 The description of an application for a patent for invention or utility model shall state the title of the invention or utility model, which shall be the same as it appears in the request. The description shall include the following:

(1) technical field: specifying the technical field to which the technical solution for which protection is sought pertains;

(2) background art: indicating the background art which can be regarded as useful for the understanding, searching and examination of the invention or utility model, and when possible, citing the documents reflecting such art;

(3) contents of the invention: disclosing the technical problem the invention or utility model aims to settle and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention or utility model;

(4) description of figures: briefly describing each figure in the drawings, if any;

(5) mode of carrying out the invention or utility model: describing in detail the optimally selected mode contemplated by the applicant for carrying out the invention or utility model; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any; The manner and order referred to in the preceding paragraph shall be followed by the applicant for a patent for invention or for utility model, and each of the parts shall be preceded by a heading, unless, because of the nature of the invention or utility model, a different manner or order would result in a better understanding and a more economical presentation.

The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain such references to the claims as: "as described in claim ?", nor shall

it contain commercial advertising.

Where an application for a patent for invention contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing in compliance with the standard prescribed by the Patent Administration Department under the State Council . The sequence listing shall be submitted as a separate part of the description, and a copy of the said sequence listing in machine-readable form shall also be submitted in accordance with the provisions of the Patent Administration Department under the State Council .

Rule l9 The same sheet of drawings may contain several figures of the invention or utility model, and the figures shall be numbered and arranged in numerical order consecutively as "Figure l, Figure 2, ?".

The scale and the distinctness of the drawings shall be as such that a reproduction with a linear reduction in size to two-thirds would still enable all details to be clearly distinguished.

Reference signs not mentioned in the text of the description of the invention or utility model shall not appear in the drawings. Reference signs not mentioned in the drawings shall not appear in the text of the description. Reference signs for the same composite part shall be used consistently throughout the application document.

The drawings shall not contain any other explanatory notes, except words which are indispensable.

Rule 20 The claims shall define clearly and concisely the matter for which protection is sought in terms of the technical features of the invention or utility model.

If there are several claims, they shall be numbered consecutively in Arabic numerals.

The technical terminology used in the claims shall be consistent with that used in the description. The claims may contain chemical or mathematical formulae but no drawings. They shall not, except where absolutely necessary, contain such references to the description or drawings as: "as described in part ?of the description", or "as illustrated in Figure ?of the drawings".

The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference signs in the drawings of the description. Such reference signs shall follow the corresponding technical features and be placed in parentheses. They shall not be construed as limiting the claims.

Rule 2l The claims shall have an independent claim, and may also contain dependent claims.

The independent claim shall outline the technical solution of an invention or utility model and state the essential technical features necessary for the solution of its technical problem.

The dependent claim shall, by additional technical features, further define the claim which it refers to.

Rule 22 An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:

(1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and those technical features which are necessary for the definition of the claimed subject matter but which, in combination, are part of the most related prior art;

(2) a characterizing portion: stating, in such words as "characterized in that..." or in similar expressions, the technical features of the invention or utility model, which distinguish it from the most related prior art. Those features, in combination with the features stated in the preamble

篇二：专利中常用的英语

专利中常用的英语

http://bbs.mysipo.com/thread-84506-1-1.html

中华人民共和国国家知识产权局 State Intellectual Property Office of the People's Republic of China

专利法实施细则 "Rules for the Implementation of the Patent Law of The People's Republic of China

the Implementing Regulations of the Patent Law of the Penple's Republic of China"

专利法 Chinese Patent Law

从属权利要求 the dependent claim

独立权利要求The independent claim

第一次审查意见通知书 Notification of First Office Action 发出了审查意见通知书 issues the Office Action

第二次审查意见通知书正文 Contents of Second Office Action 附页 Attached Pages

意见陈述书 abservation

本通知书 the present detailed action

经审查 After examination

审查指南 guidelines for patent examination

审查员 examiner/Authorized Officer

替换页 replacement sheets 修改页 amendment sheets

提前公布 Request for Early Publication

修改文本 amended document

修改页 amendment sheets

意见与建议 comments and suggestions

原说明书和权利要求书 initial description and claims

新颖性 novelty

创造性 inventiveness

实用性 practical applicability

申请号 Application number

申请人 applicant

说明书 The description

已授权专利 Issued Patents

专利权人 patentee

专利性 patentability

本领域熟知/公知 it is well known to a person skilled in the art that 背景技术 description of related art

必要技术特征 essential technical features additional

对比文件 reference document

常规技术 "routine techniques

/common knowledge"

创造性劳动 creative work

等同特征 equivalent feature

发明内容 summary of the invention

技术方案 technical solution

技术领域 field of the invention

技术手段 technical means

技术特征technical features 必要技术特征 essential technical features 技术问题 technical problem

明显或隐含公开 expressly or impliedly disclose

实施方案

实施例 embodiment

上位概念 generic term 下位概念 specific term

限定部分 characterizing portion

限定作有 definitive effect

下位概念 specific term 上位概念 generic term

选择方案 alternative solutions

有益效果 （unexpected） (advantages ) beneficial effects(results) 主题 subject mattereg.请求保护的主题

and furthermore 由此可见 thus

in that 由于，在于 也就是说 "that is/

in other words"

Broadly 宽泛地讲 同样/同理 similarly

process 方法，过程，工艺 这样 in this way advantageous 有利的 再如 for another example as balance 余量 在此基础上 on this basis,

in turn 则，反过来，而 特别值得强调的是 Deserve special emphasis is

disclose 公开

see particularly 具体参见

column XX, line XX XX栏，XX行

contemplated 预期的，涉及，考虑范围内 Also 并且

cross-sectional views 截面图

instead of代替

portions 一部分 analogous to 类似

particular example 具体例子

result in导致

but alternatively 或

corresponded to 一致

still somewhat 在某种程度上

about 约

to 至

Accordingly 因此

in principle 原则上

literature 文献

in reality 事实上

cautiously 小心地

After characterization 表征之后

disadvantage for 不利于

term 术语

impart 赋予

subjected to经过～，易于～，进行～

employ 使用

handling 操作

overview 综述

owing to由于

Nevertheless 然而

superior to优于

Surprisingly 出人意料地

mentioned 描述

assume 采用

per se 本身

1980's 1980年代

suitable 合适的

suitably 相称地

Similarly 同样地

confer 提供

give rise to得到

give显示出

delivering 提供

regardless of而不论

benefits 益处

performance 性能

seeking to试图

convenience 便利性

so also 因此

so forth 等

at times 有时

absolutely imperative 绝对必要

alternatively 或者

substantially 基本上

together with以及～

exerts 表现出

develop 开发

also 同样

also covers 还包括

likewise 同样

conventional method 常规方法

so that 因此，所以，以便

followed by 然后，随后

vice verse 反之亦然

＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝ particularly 特别是，尤其

in particular 特别是

in particular with 特别是

more particularly 更特别地，更具体地

especially 特别是

specifically 具体地

desirable 希望

is desirable to 希望

if desired 若需要，必要时

desired 预期

undesired 不希望

if so desired 如果需要

when desired 如果需要

in addition 此外

additionally 此外

moreover 此外

furthermore 此外，更进一步

further 此外

perferably 优选

more perferably更优选

most preferably 最优选

still more perferably再优选

particularly preferred 特别优选

preference is given 优选

less preferred 次优选

example 实施例，实例

specific examples 具体实例

embodiment 实施方案

therewith 随后

thereby从而，以

whereby 其中

wherein 其中

thereto 其中

applications 装置

is applicable 使用

is applicable to 适用

typically 通常

frequently 通常

conventionally 通常

among others 除了别的之外，其中

among other properties 除其它性质之外

in addition to 除了～之外，还

except that XX 除了XX

besides 除了～之外，还

cost effective 更加经济

commercial XX 商品XX

commercial scale 商用规模

are commercially available as XX 其在市场上的商品是XX commercially available 商购

commercial formulatios 商用制剂

marked as medicaments 作为药物上市

optionally任选地，选择性地,或者

if appropriate 任选地，如果有的话

if necessary 任选地

if present 如果存在

包含 embrace

不能够，不能的 incapable

从市场上购买得到be purchased from the market 方式 means

基本相同的 substantially the same

提交 submit

篇三：中国专利法英文版--2008年

中国专利法英文版

PATENT LAW

OF THE PEOPLE'S REPUBLIC OF CHINA

Adopted at the 4th Meeting of the Standing Committee of the Sixth National People’s Congress on March 12，1984

Amended in accordance with the Decision of the Standing Committee of the Seventh National People’s Congress on Amending the Patent Law of the People’s Republic of China at its 27th Meeting on September 4，1992

Amended again in accordance with the Decision of the Standing Committee of the Ninth National People’s Congress on Amending the Patent Law of the People’s Republic of China，adopted at its 17th Meeting on August 25，2000

TABLE OF CONTENTS

Chapter I： General Provisions

Chapter II： Requirements for Grant of Patent Right

Chapter III ： Application for Patent

Chapter IV： Examination and Approval of Application for Patent

Chapter V： Duration，Cessation and Invalidation of Patent Right

Chapter VI： Compulsory License for Exploitation of Patent

Chapter VII： Protection of Patent Right

Chapter VIII： Supplementary Provisions

Chapter I：General Provisions

Article 1． This Law is enacted to protect patent rights for inventions-creations，to encourage invention-creation，to foster the spreading and application of inventions-creations，and to promote the development and innovation of science and technology，for meeting the needs of the construction of socialist modernization．

Article 2． In this Law，“inventions-creations” mean inventions，utility models and designs．

Article3． The Patent Administration Department Under the State Council is responsible for the patent work throughout the country. It receives and examines patent applications and grants patent rights for inventions-creations in accordance with law.

The administrative authority for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administrative work concerning patents in their respective administrative areas.

Article 4． Where an invention-creation for which a patent is applied for relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State．

Articles 5． No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest．

Article 6. An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.

For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.

In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor or creator have entered into a contract in which the right to apply for and own a patent is provided for, such a provision shall apply.

Article 7. No entity or individual shall prevent the inventor or creator from filing an application for a patent for a non-service invention-creation.

Article 8. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee.

Article 9. Where two or more applicants file applications for patent for the identical invention-creation, the patent right shall be granted to the applicant whose application was filed first.

Article 10. The right to apply for a patent and the patent right may be assigned.

Any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner must be approved by the competent department concerned of the State Council.

Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and register it with the Patent Administration Department Under the State Council. The Patent Administration Department Under the State Council shall announce the registration. The assignment shall take effect as of the date of registration.

Article 11. After the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product; or use the patented process, and use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.

After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, sell or import the product

incorporating its or his patented design, for production or business purposes.

Article 12. Any entity or individua1 exploiting the patent of another shall conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent.

Article 13. After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.

Article 14. Where any patent for invention, belonging to any state-owned enterprises or institution, is of great significance to the interest of the State or to the public interest, the competent departments concerned under the State Council and the people's governments of provinces, autonomous regions or municipa1ities directly under the Central Government may, after approval by the State Council, decide that the patented invention be spread and applied within the approved limits, and allow designated entities to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to the patentee. Any patent for invention belonging to a Chinese individual or an entity under collective ownership, which is of great significance to the interest of the State or to the public interest and is in need of spreading and application, may be treated alike by making reference to the provisions of the preceding paragraph.

Article l5. The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product.

Article 16. The entity that is granted a patent right shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the extent of spreading and application and the economic benefits yielded.

Article l7. The inventor or creator has the right to be named as such in the patent document.

Article 18. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.

Article l9. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the Patent Administrative Department Under the State Council to act as his or its agent.

Where any Chinese entity or individual applies for a patent or has other patent matters to attend

to in the country, it or he may appoint a patent agency to act as its or his agent.

The patent agency shall comply with the provisions of laws and administrative regulations and handle patent applications and other patent matters according to the instructions of its clients. In respect of the contents of its clients’ inventions-creations, except for those that have been published or announced, the agency shall bear the responsibility of keeping them confidential. The administrative regulations governing the patent agency shall be formulated by the State Council.

Article 20. Where any Chinese entity or individual intends to file an application in a foreign country for a patent for invention-creation made in China, it or he shall file first an application for patent with the Patent Administration Department Under the State Council, appoint a patent agency designated by the said department to act as its or his agent, and comply with, the provisions of Article 4 of this Law.

Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The Patent Administration Department Under the State Council shall handle any international application for patent in accordance with the international treaty concerned to which China is party, this Law and the relevant regulations of the State Council.

Article 21. The Patent Administration Department Under the State Council and its Patent Reexamination Board shall handle any patent application and patent-related request according to law and in conformity with the requirements for being objective, fair, correct and timely.

Until the publication or announcement of the application for a patent, staff members of the Patent Administration Department Under the State Council and other persons involved have the duty to keep its contents secret.

CHAPTER II

REQUIREMENTS FOR GRANT OF PATENT RIGHT

Article 22. Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical app1icability.

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 person filed previously with the Patent Administration Department Under the State Council an application which described the identical invention or utility mode1 and was published after the said date of filing. 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 means that the invention or utility model can be made or used and can produce effective results.

Article 23. Any design for which patent right may be granted must not be identical with and

simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person.

Article 24. An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred:

(l) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;

(2) where it was first made public at a prescribed academic or technological meeting;

(3) where it was disc1osed by any person without the consent of the applicant.

Article 25 For any of the following, no patent right shall be granted:

(1) scientific discoveries;

(2) rules and methods for mental activities;

(3) methods for the diagnosis or for the treatment of diseases;

(4) animal and plant varieties;

(5) substances obtained by means of nuclear transformation.

For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

CHAPTER III

APPLICATION FOR PATENT

Article 26. Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and claims shall be submitted.

The request shall state the title of the invention or utility model, the name of the inventor or creator, the name and the address of the applicant and other related matters.

The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person ski11ed in the re1evant field of techno1ogy to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention or utility model.

The claims shall be supported by the description and shall state the extent of the patent protection asked for.

Article 27. Where an app1ication for a patent for design is filed, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product be1ongs shall be indicated.

Article 28. The date on which the Patent Administration Department Under the State Council receives the app1ication shall be the date of filing. If the app1ication is sent by mai1, the date of mailing indicated by the postmark shall be the date of filing.

Article 29. Where , within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months

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