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Hong Kong Inventors Assication "Chinese Intellectual Property" Focus Disclaimer --The answer of Enquiry email of Chinese Patent II  Back to Jan '03 Monthlytopic
Target and Main theme of introduce Chinese Intellectual Property
May ~ June Monthlytopic
[ A Brief Introduction of Patent System in China ]
Monthly Topic of Sept '02 --
The answer of Enquiry email of Chinese Patent (1) More past Q & A of Invention & Intellectual Property in " F A Q " web page
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Q : 1. Someone told me
many inventions only registered patent in USA, but not worldwide. Are they belonging to charge/fee problem or some tactic reasons ? In addition, Are the inventions Only granted patent in USA, Can used by
people in some other territory as their wishes, but the inventors can got no protection at all?
Ans :
The patent system is a territorial system, The inventors' right can only got protect in that country/territory grant that patent. Other than charge/fee factors, we need to consider some other factor like the future main manufacturing territory and marketing area at apply patent. In addition, also affected by national Law. For Example, many nations include USA and China, state that local organisation /inventor complete sn invention in that nation, must first apply patent at that nation.
Q : 2. Can a Creative New Method of doing business to giant patent protection ?
Ans : According to Articles 22 of Chinese Patent Law, Creative New Method of doing business cannot apply to register Patent in China. Other includes scientific theories, mathematical methods, schemes, rules and methods of treatment for human or animals or diagnostic methods, cannot apply for patent
In most countries, an invention is regarded as a new solution to a technological problem/associated with technology. But in many years ago, a Court Case in USA, regarded Method of doing business can grant patent in USA. If you think your Creative New Method of doing business is innovative enough; you can try to enquiry/apply for patent in USA patent Office.
(* The patent system is a territorial system, only protected in that particular country, you granted a patent.)
Q : 3. I have some creative new idea to improve some exist product and create some creative new product. Can I apply for patent to protect my creative idea?
Someone told me. I can apply for patent in USA patent office, what document and articles I need to bring for applying patent? In other hand, does China have similar patent to apply?
Ans : According to Articles 22 of Chinese Patent Law, inventions that can grant patent must possess novelty, inventiveness and practical applicability.
Practical applicability means that the invention or utility model can be made or used and can produce effective results. For that reasons, only create idea itself cannot grant patent in China. Only those idea turns into real product can apply for patent
Your other question, Can Only have create new idea apply for patent in USA. There are many limitation and restriction, Although it can say "Yes". It requires technical issue (fully taken care of/very detail one). Once the application is filed, there should not be any change. Otherwise it will be very costly and sometimes not accepted. For detail, Please contacts USA Patent office.
So only have creative innovative idea without any technical issue; it is impossible to apply for patent.
(* The patent system is a territorial system, only protected in that particular country, you granted a patent.)
Q : 4.
An Innovative business transaction mode in Internet only has creative idea and principle, can it grant/apply for patent before actually/really practice?
Ans : An Innovative business transaction mode in Internet only has creative idea and principle, can it grant/apply for patent before actually/really practice?
In China, Computer program cannot grant patent (but may be protected under the Regulations on the Protections on the Protection of Computer Software in China).
But if it combines of software and hardware really advance in technology, can produce effective results and has a process of improvement of technology. That application can say to have condition to grant a patent
In last few months, there are many HKIA event/functions need to manage so China Intellectual Property Focus need to stop. Please accept my deeply apology.
I have received many similar questions through email, some of the answer can find in FAQ web page. So China Intellectual Property Focus need to change to not fixed period publish. In fact, there are many questions concerned with Intellectual Property. In Q&A of Intellectual Property, I can learn much more about Intellectual Property. If you have further question, Your inquiry email is welcome.
In here, I need to thank Lawyer JIANG Qinfeng and His colleague in China Patent Agent (HK) LTD. For their support and Help! Thank You
They still volunteer to help us to answer the Enquiry email. We sincerely Thank for their help,
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As China entry to the World Trade Organization (WTO),, There will be more and more international trade and business transaction; it will concern with Intellectual Property (different Intellectual Property systems of different countries ). The Intellectual Property systems of China can say to be new to the world (The Intellectual Property systems of different countries are not the same - have difference ). In most time, Confusion, Misunderstanding and Mistaken will occur among different (not the same) Intellectual Property systems of different countries, which will drive to Conflict. Now Hong Kong can say to be a Bridge and Window of China to the world. It is my pleasure (under non-commercial and non-political condition, and also no any personal financial and no material reward condition) to have chances to volunteer to introduce the Intellectual Property systems of China to the World. Sincerely Thank you my Best friend Lawyer JIANG Qinfeng volunteer to write short essay of China Intellectual Property in our Monthly Topic each month (if he is avaiable), and start at Mid of May. He will also volunteer to help to answer email -- enquiry of China Intellectual Property, if he is available. I wish after Lawyer JIANG Qinfeng's introducing, it would help you to understand more about the Intellectual Property systems of China. I hope thus would help you, Hong Kong and China |
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