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Upon the request of the applicant, the patent office publishes the application earlier. Upon the request of the applicant for a patent for invention, made at any time within three years from the date of filing, the Patent Office will proceed to examine the application as to its substance.
If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the application shall be deemed to have been withdrawn.
This Law is enacted to protect patent rights for inventions-creations, to encourage inventions-creations, to foster the spreading and application of inventions-creations, and to promote the development of science and technology, for meeting the needs of the construction of socialist modernization. Where the invention-creation for which a patent is applied for relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State. For a service invention-creation, made by a person in execution of the tasks of the entity to which he belongs or made by him mainly by using the material means of the entity, the right to apply for a patent belongs to the entity.
If, without any justified reason, the said documents are not furnished, the application shall be deemed to have been withdrawn. ; Where the Patent Office, after it has made the examination as to substance of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend the application.
If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn. Where, after the applicant has made the observations or amendments, the Patent Office finds that the application for a patent for invention is still not in conformity with the provisions of this Law, the application shall be rejected. Where it is found after examination as to substance that there is no cause for rejection of the application for a patent for invention, the Patent Office shall make a decision to grant the patent right for invention, issue the certificate of patent for invention, and register and announce it. Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for utility model or design, the Patent Office shall make a decision to grant the patent right for utility model or the patent right for design, issue the relevant patent certificate, and register and announce it. Where, within six months from the date of the announcement of the grant of the patent right by the Patent Office, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Patent Office to revoke the patent right. The Patent Office shall examine the request for revocation of the patent right, make a decision revoking or upholding the patent right, and notify the person who made the request and the patentee.
"Inventiveness" means that, as compared with the technology existing before the date of filing 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. Any design for which patent right may be granted must not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country. An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, 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. For any of the following, no patent right shall be granted: (1) Scientific discoveries; (2) Rules and methods for mental activities; (3) Methods for the diagnosis or for the treatment of diseases; (4) Animal and plant varieties; (5) Substances obtained by means of nuclear transformation.