What are the situations that may lead to loss of patent novelty?

Novelty is crucial to patent applications. Many patented intellectual property rights have lost their Novelty due to improper handling. So what are the situations that will lead to the loss of patented novelty? Below is the relevant content compiled for you by the editor of Legal Savior Network.

What are the situations that may lead to loss of patent novelty

First, make the disclosure first and then apply for a patent: In order to demonstrate their academic level or to be promoted to technical positions, some research and development personnel are eager to write papers and publish their inventions and creations, and publish the technical solutions in Public. Some enterprises, scientific research units and colleges and universities focus on winning awards for their research results and are eager to promote and introduce their research and development results to others. As a result, they lose novelty.

The second is to advertise first and then apply for a patent. In order to occupy the product market as soon as possible, some companies have begun to advertise their technological achievements before applying for patents. For some inventions and creations, the technology may be announced in advertising materials, thereby losing the novelty of the patent. Only by applying for patents in a timely manner, carrying out patent layout in a timely manner, using the patent system to form a patent monopoly, and participating in market competition can enterprises remain invincible in the increasingly fierce global market competition.

Apply for a patent to avoid Loss of novelty. my country adopts the first-to-file principle when approving patents, that is, patent rights are awarded to the individual or unit that first applies for a patent. Therefore, patent applicants should pay attention to applying for patents in a timely manner to prevent others from applying for patents first.

Relevant legal basis:

"Patent Law of the People's Republic of China"

Article 24 An invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date. 1. Without losing novelty:

(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;

(2) Published for the first time at a prescribed academic conference or technical conference;

(3) Others leak the content without the applicant’s consent.

To sum up, the editor summarizes the mistakes that easily lead to the loss of patent novelty in practice. If you have more legal consultation on patent novelty, welcome to Legal Savior Network seeks help from professional lawyers.