The conditions for granting patents for inventions and utility models are that the works are novel, creative and practical. Only by satisfying the above three characteristics can a new patent be granted to an invention. The specific situation can be applied to the patent administration department, which will confirm it after examination. Inventions and utility models granted patent rights should be novel, creative and practical. Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
legal ground
Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items: (1) scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.