Invention and Utility Model Patent

2. Invention and Utility Model Patent • Article 22 An invention or utility model for which a patent is to be granted shall be novel, inventive and practically applicable. • Novelty means that the invention or utility model is not an existing technology, and prior to the date of application, no entity or individual has filed an application heretofore with the patent administrative department of the State Council for the identical invention or utility model and recorded it in the patent application documents or patent documents released after the said date of application. • Inventiveness means that, as compared with the technology existing before the date of application 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. • The term “existing technology” as mentioned in this Law refers to the technologies known to the general public both at home and abroad prior to the date of application.

3. Novelty • Article 22 • Novelty means that the invention or utility model is not an existing technology, and prior to the date of application, no entity or individual has filed an application heretofore with the patent administrative department of the State Council for the identical invention or utility model and recorded it in the patent application documents or patent documents released after the said date of application.

4. Novelty • Article 22 • The term “existing technology” as mentioned in this Law refers to the technologies known to the general public both at home and abroad prior to the date of application.

5. Novelty • Article 24 An invention for which a patent is applied for does not lose its novelty where, within six months before the date of application, one of the following events occurred: • (1) 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 disclosed by any person without the consent of the applicant.

6. Practical Applicability • Vocabulary • Industrial applicability—EU • Utility –USA • Practical Applicability

7. Practical Applicability • Article 22 • Practical applicability means that the invention or utility model can be made or used and can produce effective results.

8. Inventiveness • Vocabulary • Inventive steps-EU • Non-obviousness –US • Inventiveness –China

9. Inventiveness • Inventiveness means that, as compared with the technology existing before the date of application the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.

10. CASES OF INVENTIVENESS

11. Prior Art in determining Inventiveness • BYD v. the Patent Reexamination Board et al (Beijing High People’s Court, 2005) • What is the subject matter claimed in the patent application ? • What is the prior art in dispute?

12. Prior Art in determining Inventiveness • BYD v. the Patent Reexamination Board et al (Beijing High People’s Court, 2005) • May the prior art be used to assess the inventiveness? Why ?

13. Object and Effect in Determining Inventiveness • Patent Reexamination Board v. HongKong Mei Ngai Metal Manufactures (The Beijing High People’s Court, 1992) • What is the patent subject matter? • Did the court find inventiveness?

14. Object and Effect in Determining Inventiveness • Patent Reexamination Board v. HongKong Mei Ngai Metal Manufactures (The Beijing High People’s Court, 1992) • What did the court say about “object and effect”?