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GB/T 45563.2-2025Specification of intellectual property appraisement — Part 2: Patent (English PDF)

知识产权鉴定规范 第2部分:专利

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Issued by

SAMR; SAC

Level / Type

National · Recommended

Issue date

April 25, 2025

Implementation date

April 25, 2025

Scope

GB/T 45563.2-2025 is the English-translated version of 知识产权鉴定规范 第2部分:专利.

GB/T 45563.2-2025 sets out how an intellectual property appraisal is carried out when the right at stake is a patent. It gives the basic requirements and then two procedures.

For invention and utility model patents it describes the decomposition of the technical features, the extraction of the corresponding features of the existing technology and of the object being appraised, and the comparison between them; for design patents it describes the comparison of the products and the comparison of the designs themselves.

An informative annex provides reference templates for the technical feature comparison table and for the design feature comparison table. Appraisal institutions use it in the work that supports judicial trials and administrative enforcement.

It is Part 2 of GB/T 45563, was issued on 25 April 2025 and has applied since 25 April 2025.

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Document preview — GB/T 45563.2-2025

National Standard of the People's Republic of China

ICS
03.140
Classification
A 16

Issued by: State Administration for Market Regulation; Standardization Administration of the PRC

Contents

  • Preface
  • Introduction
  • 1 Scope
  • 2 Normative references
  • 3 Terms and Definitions
  • 4 Basic Requirements
  • 5 Implementation of invention and utility model patent appraisal
  • 5.1 Overview
  • 5.2 Technical feature decomposition
  • 5.3 Extraction of Corresponding Technical Features of Existing Technologies
  • 5.4 Extraction of corresponding technical features of identification objects
  • 5.5 Technical feature comparison
  • 6 Implementation of Design Patent Appraisal
  • 6.1 Overview
  • 6.2 Comparison of Design Products
  • 6.3 Appearance Design Comparison
  • Appendix A (Informative) Reference Template
  • A.1 Technical Features Comparison Table
  • A.2 Design feature comparison table

Foreword

This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for standardization work Part 1: Structure and drafting rules for standardization documents" Drafting is required.

This document is Part 2 of GB/T 45563 "Intellectual Property Identification Specification". GB/T 45563 has been published in the following parts.

--Part 1: General;

--Part 2: Patents;

--Part 3: Trademarks.

Introduction

Intellectual property appraisal is a process in which professionals use their specialized knowledge to identify and judge specialized issues related to intellectual property infringement, an activity that is an important part of supporting intellectual property protection work and is important for objectively and fairly handling intellectual property disputes and improving the protection of intellectual property rights.

To improve the ability and level of judgment, meet the needs of society for intellectual property identification, and improve my country's intellectual property protection governance capabilities and governance system modernization is of great significance.

GB/T 45563 "Intellectual Property Appraisal Specification" aims to establish and improve the inspection and appraisal system for intellectual property infringement disputes, strengthen knowledge The work deployment of the professionalization and standardization of property rights appraisal institutions will give full play to the role of intellectual property appraisal in intellectual property judicial trials and administrative law enforcement.

It plays a technical support role in activities such as intellectual property identification, and meets the needs of the transformation from administrative management to industry management. It is planned to consist of three parts.

--Part 1: General Principles. The purpose is to stipulate the overall requirements, appraisal institutions and personnel, resource management, appraisal Requirements in terms of procedures, etc.

-- Part 2: Patents. The purpose is to stipulate the basic requirements for patent appraisal, invention and utility model patents, and design patents. Identification implementation and other intellectual property identification requirements.

-- Part 3: Trademarks. The purpose is to stipulate the basic requirements for trademark appraisal and the implementation of trademark appraisal and other intellectual property appraisal requirements.

1 Scope

This document stipulates the basic requirements for patent appraisal, the appraisal and implementation of invention and utility model patents, design patents and other intellectual property rights identification requirements.

This document applies to the implementation of patent identification.

2 Normative references

The contents of the following documents constitute the essential clauses of this document through normative references in this document.

For referenced documents without a date, only the version corresponding to that date applies to this document; for referenced documents without a date, the latest version (including all amendments) applies to this document.

GB/T 45563.1-2025 Intellectual Property Identification Specification Part 1: General Principles

GB/T 21374-2008 Basic vocabulary of intellectual property documents and information

3 Terms and definitions

The terms and definitions defined in GB/T 21374-2008 and the following apply to this document.

3.1 Patent

The technical solutions or designs protected by patent rights include inventions, utility models and designs. [GB/T 21374-2008, 3.2.1]

3.2 Invention

New technical solutions proposed for products, methods or their improvements. [GB/T 21374-2008, 3.2.4]

3.3 Utility Model

A new technical solution that is suitable for practical use and is proposed for the product shape, structure or their combination. [GB/T 21374-2008, 3.2.6]

3.4 Appearance design

The aesthetic effect of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape and pattern and new designs suitable for industrial applications.

3.5 Technical characteristics

In the technical solutions defined in the claims of invention and utility model patents, they can relatively independently perform certain technical functions and the smallest technical unit that can produce relatively independent technical effects.

......
This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 15 pages — is available in the English PDF.

Referenced standards

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