In general, the disclosure of technology means that it has lost its novelty in the sense of patent law. But in certain specific cases, its public disclosure does not result in the loss of novelty, that is, it does not constitute existing technology that affects patent authorization within a certain period of time. According to the provisions of the Patent Law and its Implementing Regulations, if an invention or creation applying for a patent falls under any of the following circumstances within 6 months before the application date, it shall not lose its novelty:

(1) When a state of emergency or emergency occurs in the country, it is first made public for the purpose of public interest.

For example, in order to adapt to emergencies or extraordinary circumstances such as the COVID-19, even if relevant new drugs and equipment are first put into disaster relief and disclosed, they will not lose novelty in subsequent patent applications.

(2) First exhibited at an international exhibition sponsored or recognized by the Chinese government.

The international exhibitions recognized by the Chinese government refer to those registered or recognized by the International Exhibition Bureau as stipulated in the Convention on International Exhibitions.

(3) First published at a designated academic or technical conference.

The academic conference or technical conference referred to here refers to the academic conference or technical conference organized by the relevant competent departments of the State Council or national academic organizations.

(4) Others disclose their content without the applicant’s consent.

If there are indeed public issues due to the above situations, how can we prove it?

If the invention or creation for which a patent is applied falls under the circumstances of (2) or (3) above, the applicant shall declare at the time of filing the patent application and submit within 2 months from the date of filing the relevant international exhibition organizing unit’s certification documents regarding whether the invention or creation has been exhibited or published, as well as the date of exhibition or publication.

If the invention or creation for which a patent is applied falls under the fourth circumstance mentioned above, the patent administration department under the State Council may, when necessary, require the applicant to submit proof documents within a specified time limit to confirm the date and substantive content of the occurrence of the said circumstance.