【Introduction of the patent law amended in October 29, 2011 (1)】
1.To define the term of “Creation”for clarification
The amendment uses a term of “Creation” as a term to represent a subject matter for an invention, a utility model and a design. It is amended from the prior law that the “Creation” only represents a subject matter for a utility model and a design, but not for an invention.(Amended Article 1)
2.Modification of “Design Patent”
In order to correspond to the international preferred use and industrial concept of“a Design Patent” the old use of “New type design” is amended to “Design” for consistency with the international patent law. (Amended Article 2 and 121)
3.Amending by adding the definition of “Practice”for an invention, a utility model and a design
The term “Practice”should include all kinds of action regarding manufacture, offer for sell, sell, use or the import for above purposes, which should be deemed as having a superior level of “Use”. To avoid the misunderstanding of “Practice”and “Use”, it is amended to add the definition of “Pratice” to clarify their differences, where their differences are correspondingly amended in the law.
(Amended Article 22,58,87,122 and 136)
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