Which of the following constitutes public publication within the meaning of patent law?

Chinese patent specifications published before 1993 are:Invention patentsApplication Instructions Bury Pants Book A.

Patent documents are a product of the patent system. The patent system is a system that examines and publishes the content of inventions and uses legal and economic means to protect the ownership of inventions and creations in order to promote scientific and technological progress and the development of productive forces.

Its functions: 1. Conduct a patentability search on patent applications.

Before applying for a patent, the applicant should search the relevant patent documents to see whether the invention is novel, inventive and practical, so as to avoid not being able to obtain a patent right after filing the application.

The applicant for a patent for invention requests substantive examination.

2. Enlighten the idea of invention and creation.

Third, you can learn about the latest developments in this field.

As mentioned earlier, patent literature is reported 1-3 years earlier than other literature, and there is a "time lag" between the birth of a new technology and the promotion and application of a new technology, which can be as little as a few months or as many as decades. Therefore, we can learn about the latest developments in science and technology from patent documents.

In which of the following cases does the disclosure not result in the loss of novelty of the patent-applied invention or utility model?

a.Published in foreign publications.

b.Published in domestic publications.

c.Publicly used abroad.

d.An application has been filed with the patent office by another person in a foreign country and is listed in the patent application document published after the filing date.

Correct answer: d

According to the provisions of China's Patent Law, an invention patent generally goes through the following procedures from application to authorization:

1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 20 days and a month (this step can be omitted if you do not entrust a ** agency).

2. Submit the application documents, obtain the notice of acceptance from the Patent Office, determine the filing date, and submit an advance disclosure statement and request substantive examination on the day of submission of the documents, so as to speed up the examination process.

3. The Patent Office conducts a formal examination of the patent application documents for about 2-3 months, and enters the stage of preparation for publication after passing the preliminary examination.

4. The patent office publishes the invention application documents in about 6-8 months.

5. The Patent Office conducts a substantive examination of the invention patent documents, which is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, that is, the novelty, creativity, and practicability (the entrusted institution communicates with the ** institution to determine the appropriate scope of protection of the invention), and the communication may go back and forth several times until the amendment is satisfactory to the examiner.

6. The Patent Office issues a notice of authorization.

7. The applicant goes through the procedures for obtaining the patent certificate.

8. Get the patent certificate in about 2-3 months.

The whole process lasts about 2 and a half to 3 years, depending on the speed of the examiner's examination and the depth of the applicant's information.

Utility model and design patents are not subject to substantive examination.

Utility model design.

Utility model patents, design patents.

According to Article 24 of the Patent Law of the People's Republic of China (2008 Amendment), the novelty of an invention-creation applied for a patent shall not be lost if it falls under any of the following circumstances within six months before the filing date:

1) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

2) It is first published at a prescribed academic conference or technical conference;

3) Others leak their content without the applicant's consent.

Answer] :d item d, the invention patent can only be granted after preliminary examination and substantive examination, and there are two disclosures accordingly. The first was the publication of the application for exclusive profit

After receiving an application for a patent for invention, if it is found to meet the requirements after preliminary examination, the patent administration department shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant. The second is the announcement of the grant of patents:

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication. Utility models and designs are authorized after preliminary examination, and correspondingly, there is only one disclosure series, that is, authorized disclosure.

Answers]: a, d, e

Invention patents can only be granted after preliminary examination and substantive examination, and accordingly there are two disclosures, namely preliminary examination and disclosure after substantive examination. The disclosure procedures for the three types of patents are different due to the different mechanisms under which they are granted. Invention patents are published twice, while utility models and designs are disclosed only once, and are disclosed after preliminary examination.

Answer]: b, c, d, e

Item a, compared with the prior art, the annihilation-resistant invention has outstanding substantive features and significant progress, which is the requirement of inventive step rather than novelty. Item b, the examination of invention patent documents, the modification of patent application documents shall not exceed the scope of the original description and claims. Paragraph 4 of Article 22 of the Patent Law provides:

Utility means that the invention or utility model can be manufactured or used and can produce positive effects. "D, there are two types of circumstances in which novelty is not satisfied, one is that there is a technical solution with the same claims in the prior art skin. Second, whether compared with the prior art or the earlier application, the comparison method is to compare it separately, that is, the difference in the number of acres of the scheme of the claim under review is compared with the prior art or a scheme disclosed in the earlier application.

Paragraph 3 of Article 22 of the Patent Law defines inventive step as follows: "Inventiveness refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress." ”