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Patent practice - a small talk about one of the circumstances of Non-Loss of Novelty of Chinese Patent: the first time exhibition at an international exhibition sponsored or recognized by the Chinese Government
Time: 2022-08-11

Patent practice - a small talk about one of the circumstances of Non-Loss of Novelty of Chinese Patent: the first time exhibition at an international exhibition sponsored or recognized by the Chinese Government

Written by Allen G. Zhou | Aug 11 2022


To better understand the topic of today's post, you might need to go through the background info below.

Chinese patent practice here, with aim of protecting the interests of the applicant, not only includes the clause of priority but also states the circumstances of non-loss of novelty.

Article 24 provides that an invention-creation for which a patent is applied does not lose its novelty if, within six months before the date of filing (or the priority date where priority is claimed), one of the following events occurred:

1) where it was first disclosed for the purpose of public interest when a national emergency or extraordinary state of affairs occurs;

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

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

4) where it was disclosed by another person without the consent of the applicant.

In relation to the above, one of our clients raised relevant questions the other day when we were working on his cases here. Specifically, the client wanted to confirm whether it was possible to prove that the cited material did not affect the novelty of the Chinese case on the grounds that it had been first published in an international journal six months prior to the filing date of the Chinese invention.

The situation described by the client does not comply with Article 24. As in practices, this refers to - academic or technical "conferences" organized by the relevant authorities of the State Council or national academic societies, and the publication of relevant scientific and technological achievements in academic "journals" does not enjoy the protection of the grace period.

If you are facing similar uncertain questions, feel free to leave your comments or drop messages.


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