Invalidating a patent in china
Constant certainty and reproducibility: At the level of a person with ordinary skill to which the invention belongs, the invention must be able to repeat the same result with absolute certainty.It does not mean that confidence and reproducibility should be 100%.In the patent act, if some of the constituent elements of the invention did not mention the natural law, is not treated as the natural law was used.(Except for inventions related to computer programs) ii.“Article 29 (Requirements for Patent Registration) An invention published in a publication distributed in the Republic of Korea or in a foreign country or an invention disclosed to the public via telecommunications lines prior to the filling of a patent application.” Novelty means a standard of developed invention that no one can easily imitate the invention.Thus, the invention claimed to be “novelty-lost” means that the invention has been performed publicly prior to the time of filing of the patent application, or that it has been released by telecommunication lines established by the distribution, publication and presidential decree. Notification to the unspecified large number of people at home and abroad: According to the precedent, a factory that has an invention has been visited by an unspecified number, even if it does not ask about the invention or show it directly. Performed at home and abroad: According to the case, the invention of a new hybrid engine and the appearance of the car with this engine on the motor show is not a public announcement about the invention of the hybrid engine at home and abroad.The reason is that the motor show is an exhibition that displays the exterior and interior of the car, not an exhibition that opens the bonnet to the engine. Published in domestic and international publications The Editorial Board or the Journal Editorial Board does not correspond to the unspecified majority mentioned here, and according to the precedent, from the time when the facts existed apart from reading the articles in the library. Publicly available via telecommunication lines Notwithstanding paragraph (1), an invention easily creatable by a person with ordinary knowledge in the technical field of the invention, based on the invention referred to in any subparagraph of paragraph (1), before the filing of the patent application, shall not be patentable.The term Progressive indicates that innovative technology has advanced to such an extent that another person having ordinary knowledge (ordinary skill) cannot easily follow the invention.
In other words, if it is an invention that can be used regardless of primary, secondary, or tertiary industries.
This includes various laws that describe the phenomena of the natural world, such as the physics and chemistry that people learn at school.
Since permanent institutions ignore the first law of the thermodynamics and the second law of thermodynamics, until the exception of the above two requirements is scientifically proven, it can never be patented under Korean Patent Law. Use as a whole: The invention should be used as a whole of natural laws.
However, as it was mentioned above, since computer programs are a set of commands, they are intangible and they are only the promise between human and computer.
Under the Patent Act Article 2, "Invention means the highly advanced creation of a technical idea utilizing the laws of nature", the invention shall satisfy the provision in order for a filed patent application to be statutory under the Patent Act. Incomplete Invention: Only limited to mere discoveries but not creation.
Patent Act was implemented in Korea by Japan when Japan has invaded Korea after defeating China on August 29 in China/Russia – Japan War.