The LEHMAN, Lee & Xu China Patents Newsletter keeps you up to date on recent developments in China Patents law and news.
China to Allow Patents on Novel Business Models
The revised Guidelines for Patent Examination, a new set of rules regulating patent filings in China, will take effect on Saturday, ushering in expanded intellectual property protection for business models, the internet, e-commerce and big data, experts said.
"The changes in the latest guidelines signal a major revolution in China’s IP legal framework, expanding patents' coverage. Among the major amendments is one concerning business models. Under the current Patent Law, they are generally excluded from patent claims.
According to the new guidelines, filings involving both business methods and technical characteristics are now patentable.
Filings featuring the combination of business models and technology still need to meet the patentability requirements of novelty, inventiveness and usefulness. Such models may can now be patented as encouragement and protection of technological solutions concerning business models.
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