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《China Invention & Patent》 2018-09
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On the Special Circumstances that Do Not Apply to the Novelty Grace Period by Others' Disclosure

SUN Jiali;ZHU Xuedong;OUYANG Ping;Patent Examination Cooperation Center of the Patent Office,CNIPA;  
An invention-creation for which a patent is applied for does not lose its novelty, stipulated by Patent Law in China, where it was disclosed by any person without the consent of the applicant, within six months before the date of filing. But the law doesn't provide the novelty grace period for the applicants, where the patent application was submitted and leading to the disclosure of the invention-creation by any person without the consent of the applicant. This paper, combined with the practical cases in the patent examination works, inquiries into the application of Patent Law in China for the novelty grace period, where the patent application was submitted and leading to the disclosure of the invention-creation by any person without the consent of the applicant.
【CateGory Index】: D923.42
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