| There was no sustained indigenous intellectual property | | | | In China there was a pre-grand opposition before 1992. |
| protection system in Chine for long. The People's | | | | This pre-grant opposition was abolished and replaced |
| Republic of China (PRC) began to establish an | | | | by post-grant opposition (or revocation). Thus |
| intellectual property protection regime based on the | | | | shortened the time required to grant a patent by six to |
| Soviet model during the year 1949. In 1978, China | | | | ten months, depending on the type of patent |
| adopted the open-door policy. The Patent Law of | | | | application. |
| China was first promulgated on March 12, 1984. There | | | | After the grand of the patent, any person (either an |
| are three types of patents: patents for inventions, utility | | | | individual or an entity) who believes that the patent |
| models and designs. | | | | should not have been granted pursuant to the Patent |
| The Article 5 of the Patent Law, no patent right shall | | | | Law can request that the Patent Reexamination |
| be granted for any invention-creation that is contrary | | | | Board declare the patent invalid. The rule 64(2) of the |
| to the laws of the State or social morality or that is | | | | Implementing Regulations provides a list of grounds on |
| detrimental to public interest. Also, no patent right shall | | | | which an invalidation request can be based on such |
| be granted for any of the following: | | | | grounds include issues relating to, inter alia, |
| Scientific discoveries; | | | | Novelty, inventiveness, and practical applicability; |
| Rules and methods for mental activities; | | | | Enablement and written description; |
| Methods for the diagnosis or for the treatment of | | | | Amendments that go beyond the scope of the patent |
| diseases; | | | | application's original disclosure; |
| Animal and plant varieties; | | | | Whether the subject matter is patentable; |
| Substances obtained by means of nuclear | | | | Double patenting; and |
| transformation | | | | Formal matters. |
| According to article 22 of the Patent laws the basic | | | | Invalidation proceeding may take up to two years, with |
| requirement for grant of a patent is; "Any invention or | | | | three possible outcomes: |
| utility model for which patent right[s] may be granted | | | | The entire patent is declared invalid; |
| must possess novelty, inventiveness and practical | | | | Part of the patent is declared invalid; and |
| applicability." | | | | The patent is upheld. |