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Hong Kong Inventors Assication " Chinese Intellectual Property " Focus Disclaimer -- The answer of Enquiry email of Chinese Patent I 
Target and Main theme of introduce Chinese Intellectual Property
Back to Sept '02 Monthlytopic
May ~ June Monthlytopic
[ A Brief Introduction of Patent System in China ] More past Q & A of Invention & Intellectual Property in " F A Q " web page
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In this three months, there are many enquiry email about Intelligent Property and Chinese Patents,
some of questions are quite interesting, Question from young student
Mr Tommy SHING , Ms Anna KWAN and Mr David CHUI, No matter how busy Lawyer JIANG Qinfeng and
His colleague in China Patent Agent (HK) Ltd ,
They still volunteer to help us to answer the Enquiry email. We sincerely Thank for their help,
Due to very busy in " In & Green Invention Fair " Oct 19 ~ 23 2002, this page
will temporary stop. we will continue on Nov. Sorry for any Inconvince caused
Q : 1. Why we need Patent System? What Benefit does "Patent System" bring to Whole World and People ? ?
Ans : No matter there are differences in different nations' Patent System, the main purposes of
Patent System are to protect and Encourage Invention- Creative creations.
For example, within the protecting on period of Patent right, the owner of a patent can exclude all
others in the territory covered by the patent from making, using, selling or importing the invention
claimed in the patent. Thus enhance the promoting spreading and application of invention- Creative
creations; strengthen the progress of science technology and development.
Q : 2. Are Patent forever or not? If not, Why? How long is the time? Duration of patent right? And why there is time limit?
Ans : According to Chinese Patent law, The protection period of Patent for Invention is 20 years,
But Patent for Utility Mode & Design is 10 years. When the patent rights expire, the technology
becomes public property, and the public is free to use it for their own good.
Q : 3.At InnoExpo2001 in Hong Kong, One of your inventors, the very tall one, told me
"Patent" are territory" ,
Why there are no world wide Patent?
Ans :
The patent system is a territorial system, There is no one patent that covers every Country in the world.
In order to protect in a particular country, you need to be granted a patent in that country.
Now, Only the European Union has regional patent systems -- European Patent.
You need to apply patent to European Patent Organisation Office. After patent granted,
your patent is protected in Member Countries of European Union.
For the reason of actual condition of each country has difference,
it is hardly to have a world wide Patent System in this moment.
Q : 4. Are there any limitation for application for Patent e.g. Education & Age ?
Can a very young student apply for a Patent ?
Ans : There are no limitation for any body to apply for patent -- Age & Education.
A young student of course can apply for a Patent.
Q : 5. Are all inventions Patentable? If not, What items are unpatentable?
Ans : Nearly all inventions can Patentable, but According to Articles 5 and 22 of Chinese Patent
Law, the following items are unpatentable in China:
*Inventions contrary to the laws of the State or social morality or
being detrimental to public interest;
*Scientific discoveries;
*Rules and methods for mental activities;
*Methods for the diagnosis or for the treatment of disease;
*Animal and plant varieties;
*Substances obtained by means of nuclear transformation.
Q : 6. How to compare the advantage & disadvantage of registering application of
Patent in Inventors' Personal name and Company Name?
Ans : In China, you can register application of Patent in Inventors' Personal name and Company
name. But in USA, Registering application of Patent must be the Inventors, then through business
transaction to the related Company. If the business transaction occur within the process of Application,
both Patent office & Attorney will charge. It will depend on the actual case for using Inventors'
Personal name or Company name to apply.
Q : 7. Will a Winner of an Invention Award get rich?
If not, what is the purpose of an Invention Award? Why people set up Invention Award?
Ans :
This will depend on how you look at the Invention Award; it is not just material reward,
it is also moral award. It is certainty of Invention & Creative of an Inventor; it is a type of Glory.
For Example Nobel Laureate Award, It is award and certainty of outstanding offer of scientists in
different field of science and scholarship, It is target for whole life of most scientist.
To win an Invention award has certain degree of promoting awarded Inventions.
When Industrialist choice your invention to produce, Invention Creative can bring you actual wealth.
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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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谅 聅 凝 ---- 竡 叭 呼 变 チ 肝 ネ 璓 種
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