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Foreign Filing/Confidentiality
Review (cont.)
Scope of requirement broadened to apply to
anyone that made the invention in China
– Impacts R&D activities sponsored by foreign entities
in China
Legal liability for failing to comply with the
confidentiality review requirement prior to filing
patent application outside of China
– No patent right shall be granted in China
– Divulging State secrets shall be given administrative
sanction
©2009 Foley & Lardner LLP
Absolute Novelty Standard
Previous law included a moderate novelty
standard for assessing novelty
– Considered publication anywhere in the world
– Did not consider public use or knowledge outside
China
New patent law requires absolute novelty,
removes territorial restrictions on prior art
– Defines prior art as publicly known art anywhere in
the world before the filing date
– Applies to all categories of Chinese patents: invention
patents, utility model patents, and design patents
©2009 Foley & Lardner LLP
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