China and Germany share the same basic principles of intellectual property rights (IPR) protection. The scope of IPR protection is also generally the same. However, in order to protect IPR efficiently it is strongly recommended to know the essential similarities, and the differences, of both systems in detail.
Patents
In China and Germany, technical inventions can be protected as patents or utility models. Both kinds of patents exclude other parties from using the technical invention.
There is no fundamental difference between a patent or a utility model application in China, compared to Germany. In Germany and in China, the absolute novelty standard applies with respect to the definition of prior art. In order to obtain patent protection, the subject matter of an invention must be new and inventive over the prior art.
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Jan Dombrowski is a counsel at CMS Hasche Sigle in Stuttgart. He can be contacted on +49 711 9764 208 or by email at jan.dombrowski@cms-hs.com