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Patent
for Invention
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1、Application Documents
2、Power of Attorney
3、Request
4、Description
5、Drawing
6、Claims
7、Abstract
8、Deposite of Sample of Biological Material
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"In
this Law, "inventions-creations" mean inventions,
utility models and designs." (Chinese Patent
Law, Article 2)
Application
Documents
-
"Where an application for a patent
for invention or utility model is field, 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 skilled in the relevant filed
of technology 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."
(Chinese Patent Law, Article 26)
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Power
of Attorney
- "Anyone
who applies for a patent in written form shall submit
application documents in two copies to the Patent
Administrative Organ under the State Council.
Any application filed in any other form prescribed
by the Patent Administrative Organ under the State
Council shall conform to the requirement.
Any applicant who appoints a patent agency for filing
an application for a patent with, or for dealing with
other patent matters before, the Patent Administrative
Organ under the State Council, shall submit a power
of attorney indicating the scope of the power entrusted.
Where
there are two or more applicants of one application
and where they have not appointed any patent agency,
the first applicant indicated in the request shall be
the representative unless otherwise stated in the request."
(Implementing Regulation Under Chinese Patent Law, Rule
16)
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Request
- "Other
related matters mentioned in Article 26, paragraph
two, of the Patent Law refer to:
(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 shall be indicated; where the
applicant has not appointed a patent agency, the name,
address, postal code and telephone number of his or
its person to be contacted;
(4) where the priority of an earlier application is
claimed, the relevant matters which should 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;
(8) any other related matter which needs to be indicated."
(Implementing Regulation Under Chinese Patent Law,
Rule 17)
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Description
- "The
description of an application for a patent for invention
or utility model shall indicate the title of the invention
or utility model, and the title shall be consistent
with the one appearing in the request. The description
shall contain:
(1)
technical field: indicating the technical field the
technical solution falls into for which protection is
claimed;
(2)
background art: indicating the background art which
facilitates the understanding, searching and examination
of the invention or utility model, and citing, if available,
the documents reflecting such art;
(3)
contents of invention: stating the technical problem
to be solved by the invention or utility model and the
technical solution adopted for solving the technical
problem, and indicating the advantageous effects of
the invention or utility model with reference to the
prior art;
(4)
Drawings: briefly explaining each of the drawings where
the description is accompanied therewith;
(5)
Specific mode for carrying out the invention or utility
model: indicating in detail the optimum mode contemplated
by the applicant for carrying out the invention or utility
model; this shall be done in terms of examples, where
appropriate, and with reference to the drawings, if
any.
The
manner and order mentioned in the preceding paragraph
shall be observed by the applicant of a patent for invention
or a patent for utility model and a subtitle is given
at the beginning of each portion of the description,
unless, because of the nature of the invention or utility
model, a different manner or order would afford an accurate
understanding and a more economical presentation.
The
description of the invention or utility model shall
be written in standard terms and straightforward sentences,
and shall not contain such references to the claims
as: "as described in part - of the claim",
nor shall it contain commercial advertising.
Where
an application for patent for invention covers one or
more sequences of nucleotides or of amino acids, the
description thereof shall contain a table of sequence
complying with the prescription of the Patent Administrative
Organ under the State Council. The applicant shall submit
the table of sequence as a separate portion of the description,
together with a computer-readable copy in the form prescribed
by the Patent Administrative Organ under the State Council."
(Implementing Regulation Under Chinese Patent Law, Rule
18)
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Drawing
- "The
same sheet of drawings may contain several figures
of the invention or utility model, and the drawings
shall be numbered and arranged in numerical order
consecutively as "Figure 1, Figure 2, … … ".
The
scale and the distinctness of the drawings shall be
such that a reproduction with a linear reduction in
size to two-thirds would still enable all details to
be clearly distinguishable.
Drawing
reference signs not appearing in the text of the description
of the invention or utility model shall not appear in
the drawings. Drawing reference signs not appearing
in the drawings shall not appear in the text of the
description. Drawing reference signs for the same composite
part used in an application document shall be consistent
throughout.
The
drawings shall not contain any other explanatory notes,
except words which are indispensable." (Implementing
Regulation Under Chinese Patent Law, Rule 19)
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Claims
- "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 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 between
parentheses. They shall not be construed as limiting
the claims." (Implementing Regulation Under Chinese
Patent Law, Rule 20)
-
"The
claims shall have an independent claim, and may also
contain dependent claims.
An independent claim shall outline the technical solution
of an invention or utility model and describe the
indispensable technical features necessary for solving
the technical problems.
A
dependent claim shall further define the claim which
it refers to by additional features which it is desired
to protect." (Implementing Regulation Under Chinese
Patent Law, Rule 21)
-
"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 subject
matter of the technical solution of the invention
or utility model for which protection is sought, and
the necessary technical features common to the invention
or utility model and the closest 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 closest
prior art. These features, in combination with the
features stated in the preamble portion, served to
define the scope of protection of the invention or
utility model.
Independent
claims may be presented in any other form, where it
is not appropriate, according to the nature of the
invention or utility model, to present them in the
form prescribed in the preceding paragraph.
Each
invention or utility model shall have only one independent
claim, which shall precede all the dependent claims
relating to the same invention or utility model."
(Implementing Regulation Under Chinese Patent Law,
Rule 22)
-
"A
dependent claim of an invention or utility model shall
contain a reference portion and a characterizing portion,
and be presented in the following form:
(1)
a reference portion, indicating the serial number(s)
of the claim(s) referred to, and the title of the
subject matter;
(2)
a characterizing portion, stating the additional technical
features of the invention or utility model.
A
dependent claim shall refer only to the preceding
claim or claims. A multiple dependent claim referring
to two or more preceding claims shall only refer to
any one of the preceding claims, and shall not be
taken as the basis of any multiple dependent claim."
(Implementing Regulation Under Chinese Patent Law,
Rule 23)
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Abstract
- "The
abstract of the description shall outline the contents
disclosed in the application for patent for invention
or utility model, namely indicating the title and
the technical field of the invention or utility model,
and clearly states the technical problems to be solved,
the essential technical features and the major use
or uses of the technical solution solving the problems.
The abstract may contain the chemical formula which
best characterizes the invention. In an application
for a patent which contains drawings, the applicant
shall indicate and provide a drawing which best characterizes
the invention or utility model. The scale and the
distinctness of the drawings shall be such that a
reproduction with a linear reduction in size to 4cm×
6cm would still enable all details to be clearly distinguished.
The whole text of the abstract shall contain not more
than 300 Chinese characters. There shall be no commercial
advertising in the abstract." (Implementing Regulation
Under Chinese Patent Law, Rule 24)
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Deposit Of Sample Of Biological Material
- "Where
an application for a patent for invention concerns
a new biological material which is not accessible
to the public, and the description of which is not
sufficient enough to enable skilled artisans of the
art to carry out the invention, the applicant shall,
in addition to fulfilling the requirements set out
in the Patent Law and these Implementing Regulations,
complete the following formalities.
(1)
deposit a sample of the biological material with a
depository institution designated by the Patent Administrative
Organ under the State Council before the date of filing,
or, at the latest, on the date of filing (or the priority
date, where priority is claimed), and submit, at the
time of filing, or, at the latest, within four months
from the filing date, a receipt of deposit and the
viability proof from the depository institution; where
they are not submitted within the specified time limit,
the sample shall be deemed not to have been deposited;
(2)
give in the application document relevant information
of the characteristics of the biological material;
(3)
indicate, where the application relates to the deposit
of a sample of the biological material in the request
and the description, the scientific name of classification
(with its Latin name) of the biological material and
the name and address of the depository institution
of the biological material, the date and accession
number of the deposit; where, at the time of filing,
they are not indicated, they shall be supplied within
four months from the date of filing; where, after
the expiration of the prescribed time limit they are
not supplied, the sample of the biological material
shall be deemed not to have been deposited."
(Implementing Regulation Under Chinese Patent Law,
Rule 25)
- "Where
an applicant for patent for invention deposits a sample
of biological material in accordance with Rule 25
of these Implementing Regulations, after the publication
of the application for a patent for invention relating
to a biological material, any entity which, or individual
who, needs to make use of the biological material
covered in the application for the purpose of experiment
shall make a request to the Patent Administrative
Organ under the State Council containing the following:
(1)
the name and address of the entity or individual making
the request;
(2) an undertaking not to make the biological material
available to any other person;
(3) an undertaking to use the biological material for
experimental purpose only before the grant of the patent
right." (Implementing Regulation Under Chinese
Patent Law, Rule 26)
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