Meaning
Legislative criteria governing patentability in China require that an invention or utility model demonstrate novelty, inventiveness, and practical applicability. The provisions of article 22 prc patent law establish the baseline standard against which all patent applications are assessed by the China National Intellectual Property Administration. Under this framework, any prior public disclosure anywhere in the world destroys the novelty of the claimed invention.
Prior Disclosures
Regional examiners compare the filed claims against existing global databases to detect any anticipatory documents. This article 22 prc patent law application prevents the registration of technology that is already in the public domain or easily accessible to a skilled person.
Technical Standard
Inventiveness demands that the technology offers prominent substantive features and represents notable progress over the existing art. Compliance with the article 22 prc patent law threshold is evaluated by analyzing the differences between the prior art and the claimed invention to determine if those differences are obvious.
Operational Utility
Practical applicability requires that the invention can be manufactured or used in an industrial setting and produces effective results. Invalidation petitions frequently cite article 22 prc patent law to challenge the validity of granted patents during commercial litigation in Chinese courts.
