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New
- Patent eligibility of software inventions
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Article 25 of the Patent Law provides for six types of subject matters for which no patent right should be granted. No matter how practical, novel or inventive they are, specific results covered by such subject matters are excluded from patent protection. Nevertheless, the determination of ineligible subject matters does not require evidence to aid comparison as in the case of commenting on novelty or inventiveness, which can be concluded directly and merely by deductive reasoning.
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New
- China's unique amendment by "furthuer definition" in patent invalidation
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From the perspective of the legislative purpose, the purposes of formulating the patent law are the same in all countries in the world, and with the continuous development of globalization and deepening international cooperation, international patent procedures such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) have emerged accordingly. However, there still exist subtle differences in many provisions of the patent law of each country depending on their actual situations.