PRC Patent Law (3rd Revision)

中华人民共和国专利法 (第三次修正)

February 09, 2009 | BY

clpstaff &clp articles &

Confidentiality review required before filing foreign patent applications.

Clp Reference: 5100/08.12.27 Promulgated: 2008-12-27 Effective: 2009-10-01

Adopted: December 27 2008
Effective: October 1 2009

Main Contents: Article 20 of the revised Law now requires any work unit or individual wishing to apply for a patent in a foreign country for an invention or utility model completed in China to first submit such invention or utility model to the State Council's patent administrative department for a confidentiality review. Article 22 redefines the term “novelty”, which means that the invention or utility model does not fall within prior art. The term “incentive” is also redefined to include the concept of prior art.

clp reference:5100/08.12.27prc reference:中华人民共和国主席令 (十一届第8号)promulgated:2008-12-27effective:2009-10-01

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