China's 2009 Patent Law

China's patent law is a set of laws regulating the granting and enforcing of patents in China. The current patent law was enacted on October 27, 2009, and became effective on April 1, 2010. The 2009 patent law is a major revision of the 1984 patent law, and was China's first comprehensive patent law since 1949.

Under the 2009 law, patents are granted for inventions, utility models, and designs that are new, creative, and useful. Inventions must be novel, involve an inventive step, and be capable of industrial application. Utility models must be new and useful. Designs must be new and not similar to any other design.

Prior to the 2009 law, patents were only granted for inventions. The 2009 law expanded the scope of protection to include utility models and designs. Utility models are similar to inventions, but are typically less complex and have a shorter term of protection. Designs are typically ornamental designs of products, and have a shorter term of protection than inventions or utility models.

The 2009 law also strengthened the enforcement of patents. It clarified the infringement standards and introduced damages provisions. It also created a new patent office, the State Intellectual Property Office, to better administer patent law in China.

The 2009 patent law has been generally well-received, and is seen as a positive step in China's development of a modern patent system.

In order to patent an invention in China, it must be novel, useful, and inventive.

If you're looking to patent an invention in China, there are a few things you need to keep in mind. First, your invention must be novel. This means that it can't already exist in China – or anywhere else in the world, for that matter. Second, it must be useful. Your invention must serve some sort of purpose or function in order to be eligible for a patent. Lastly, it must be inventive. This means that your invention must be a new and creative solution to a problem that exists. If your invention meets all three of these criteria, then you should have no problem getting a patent in China.

A patent application must include a description of the invention, a claim, and an abstract.

A patent application must include a description of the invention, a claim, and an abstract. The description of the invention must include a detailed description of how the invention works and how it is used. The claim must be specific and must include all of the elements of the invention. The abstract must be a brief summary of the invention.

The term of a patent in China is 20 years from the date of filing.

In China, a patentee can enjoy 20 years of monopolistic protection for his/her invention from the official grant date. This term is counted from the filing date of the patent application in China.

If an invention is not patented, anyone can exploit it commercially without the need to pay the patentee. Therefore, the grant of a patent confers upon the patentee the right to exclude others from exploiting his/her invention for a period of 20 years in China.

During this 20-year period, the patentee can sued for infringement if any unauthorised exploitation of his/her invention is found. If the infringement is established, the court can order the infringer to pay damages to the patentee.

Fequently Asked Questions

  1. What is the current patent law in China?

    The current patent law in China was enacted on October 27, 2009, and became effective on April 1, 2010.

  2. What are the three types of patents that can be granted under the 2009 law?

    Inventions, utility models, and designs can be granted a patent under the 2009 law.

  3. What are the requirements for an invention to be patented?

    Inventions must be novel, involve an inventive step, and be capable of industrial application.

  4. What is the difference between a utility model and an invention?

    Utility models are similar to inventions, but are typically less complex and have a shorter term of protection.