The patent system is a law system granted to protect and encourage invention, and promote economic development.
Patent is shortened from patent right. Patent is a right that the inventor can enjoy the economic returns by himself after his patent is publicized. It is a kind of property right. Generally speaking, property can in divided into movable property, real property and intelligence property. Intelligence property right usually includes industrial property right and copyright. Industrial property right includes invention, appearance design, trademark, service mark, company name, origin name and so on.
Patent is an intangible property right. To be different from other rights, patent is solely possessed by one or more persons. Besides, it is of region and time.
Patent protects the natural and legal persons who apply for and get patents.
The objects that patent protects refer to the invention and creation which have got the legal protection of patent. According to the patent law of China, the patent protects invention, applied new type and apperance design. The invention patent is valid for 20 years, and the patent of applied new type and appearance design is valid for 10 years from the day the patent is applied for.
The conditions to get patent: the invention and applied new type should be of novelty, creation and practicability; the appearance design should be published publicly on domestic and international publications and should not be in conflict with the legal rights the others have obtained previously. For the following, patents are not granted:
1. Scientific discovery;
2. Regulations and methods on intellective activities;
3. Diagnosis and treatment of diseases;
4. Varieties of animals and plants;
5. Materials obtained through nucleus commutation.
As for item four, the production methods can be granted patent in accordance with the corresponding regulations.
Computer software is protected by The Copyright Law of the People's Republic of China.
The Patent Law of People's Republic of China was passed on Mar.12, 1984 and implemented from Apr.1, 1885. On Sep.4, 1992, the 27th session of the Standing Committee of the 7th People's Congress passed the Resolution on Amending the Patent Law which was put into practice on Jan.1, 1993. On Aug.25, 2000, the 17th session of the Standing Committee of the 9th People's Congress passed the Resolution on Amending the Patent Law which was carried out on Jul.1, 2001.
|
