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Patent Law of the People's Republic of China (2)
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CHAPTER II CONDITIONS FOR THE GRANT OF PATENT RIGHTS
 @@  Article  22. Any invention or utility model for which a patent
right may be  granted  must possess the characteristics of novelty,
inventiveness and
usefulness.
 "  Novelty  "  means  that,  before  the  filing date of the
application, no identical  invention  or  utility model has been
publicly  disclosed  in domestic or foreign publications or has been
publicly used or made known to the public by any other means in
the country, nor has any other person previously filed with the
Patent  Office  an  application  describing an identical  invention
or  utility  model  which  was  recorded  in  patent application
documents published after the said date of filing.
 "  Inventiveness " means that, compared with the technology existing
before the  filing  date  of the application, the invention has
prominent and substantive  distinguishing features and represents a
marked improvement, or the  utility  model possesses substantive
distinguishing features and represents an improvement.
 "  Usefulness  " means that the invention or utility model is
manufacturable or usable and can produce positive results.
 @@  Article  23. Any design for which a patent right may be granted
must not be identical with or similar to any design which, before the
filing date of the  application, has been publicly disclosed in
domestic  or foreign publications or has been publicly used within the
country.
 @@ Article 24. Any invention-creation for which a patent is applied
shall not  lose its novelty if, within six months before the filing
date of the application, one of the following events has occurred:
 (1)  it  was  exhibited  for  the first time at an international
exhibition sponsored or recognized by the Chinese Government;
 (2)  it  was  made  public  for  the first time at a prescribed
academic or technical conference; or
 (3) it was disclosed by any person without the consent of the
applicant.
 @@  Article 25. No patent right shall be granted for any of the
following:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or treatment of diseases;
(4) foods, beverages and condiments;
 (5)  pharmaceutical products, and substances obtained by means of a
chemical process;
(6) animal and plant varieties; and
(7) substances obtained by means of nuclear fission.
 For the processes used in the manufacturing of the products listed in
items (4) to (6) of the preceding paragraph, a patent right may be
granted in accordance with the provisions of this Law.
CHAPTER III APPLICATION FOR PATENTS
 @@  Article  26.  When  a  patent application is filed for an
invention or a utility model, relevant documents shall be submitted,
including a written request, a specification and an abstract thereof,
and a patent claim.
 The written request shall state the title of the invention or utility
model, the  name of the inventor or designer, the name and address of
the applicant and other related matters.
 The  specification shall describe the invention or utility model in a
manner sufficiently  clear and complete so that a person skilled in
the relevant field  of technology can accurately produce it; where
necessary,  drawings  shall  be  appended.  The  abstract  shall
describe  briefly the technical essentials of the invention or utility
model.
 The patent claim shall, on the basis of the specification, state the
scope of the patent protection requested.
 @@  Article  27.  When a patent application is filed for a design,
relevant documents  shall  be submitted, including a written request
and drawings or photographs of the design; the product on which the
design is to be used and the category of that product shall also be
indicated.
 @@  Article 28. The date on which the Patent Office receives the
patent application  documents  shall  be the filing date of the
application. If the application documents are sent by mail, the
postmark date shall be the filing date of the application.
 @@  Article 29. If a foreign applicant applies for a patent in China
within 12  months from the date on which it first filed an application
in a foreign country  for a patent on the same invention or utility
model, or within six months from the date on which it first filed
an application in a foreign country for a patent on the same design,
it may enjoy a right of priority in accordance with any agreement
concluded between the country to which it belongs and China, or any
international treaty to which both countries are parties, or on the
basis  of  the principle of mutual recognition of the right of
priority,  that is, the date on which the application was first filed

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