1. A design that requires novelty, that is, a design that has been granted a patent right, shall be different from or not similar to a design that has been published in domestic and foreign publications or publicly used in China before the filing date.
2, the need for practicality, that is, the patent design must be suitable for industrial applications. This requires that the design itself and the product as a carrier can be replicated repeatedly in an industrialized way, that is, it can be mass-produced in industry.
3, need to be beautiful, that is, the patented design must be beautiful. Aesthetic feeling refers to the pleasant feeling of design from visual perception, which is not necessarily related to the advanced functions of products. Aesthetic design plays an important role in expanding product sales.
4. Do not conflict with the prior legal rights of others. The prior rights here include trademark right, copyright, enterprise name right, portrait right and the right to use the unique packaging and decoration of well-known goods. "Prior acquisition" refers to the acquisition before the application date or priority date of the design.
Extended data:
Requirements for granting patent rights
In order to obtain the patent right, the invention must meet the substantive and formal conditions. Substantive conditions refer to the attribute requirements that an invention-creation applying for a patent must have, which can be divided into positive conditions and negative conditions. Formal conditions refer to the requirements of application documents and procedures for patent application for invention-creation. The conditions for granting a patent right mentioned here only refer to the substantive conditions for granting a patent right.
Positive conditions
Invention or utility model
(A) novelty (novelty)
Novelty means that before the filing date, the same invention or utility model has not been published in domestic and foreign publications, used publicly in China or known to the public in other ways.
The same invention or utility model has not been applied to the Patent Office by others, and it is recorded in the patent application documents published after the application date. The invention or utility model for which a patent is applied must meet the standards of novelty, must be different from the existing technology, and there shall be no conflicting applications.
1. prior art. The existing technology is the technology that has been published before the filing date. There are three ways to make technology public:
CD, photographic film, etc. The public disclosure of technical information refers to the disclosure of technical content by unspecified relevant public who does not undertake confidentiality obligations. The degree of disclosure shall be subject to the implementation of ordinary technicians in the field.
2. Conflict with the application. Conflict application refers to the invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. Apply first and then apply. Contradictions with the application will destroy novelty and prevent patent duplication.
It is not considered as the loss of novelty. The invention, utility model and design for which a patent is applied shall not lose its novelty in any of the following circumstances within 6 months before the date of application:
(2) Creativity
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.
The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. Invention is more creative than utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields.
(3) Practicality (utility)
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. It has two meanings:
First of all, this technology can be produced or used in industry. Industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industry. Industrial manufacturing and utilization refers to feasibility and reproducibility.
Second, it must be able to produce positive effects, that is, compared with the existing technology, the invention or utility model for which a patent is applied can produce better economic or social benefits, such as increasing the number of products, improving the quality of products, increasing the functions of products, saving energy or resources, preventing and controlling environmental pollution, etc.
(4) Other conditions.
For example, the specification needs to be completely open to the patented technology. Please refer to the latest patent law and implementation rules for details.
Negative conditions
1. Inventions and creations that violate laws, social ethics or harm public interests. National laws refer to laws formulated and promulgated by the National People's Congress or the NPC Standing Committee in accordance with legislative procedures. Excluding administrative regulations and rules. If the purpose of the invention itself violates the laws of the state, the patent right cannot be granted.
Such as equipment, machines or tools for gambling; Drug abuse equipment, etc. Can't be patented. The purpose of the invention itself does not violate national laws, but those that violate national laws due to abuse do not belong to this category.
2. Scientific discovery. It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific theory is a summary of the understanding of nature and a broader discovery.
All belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world, and do not belong to inventions in the sense of patent law, so patent rights cannot be granted.
3. Rules and methods of intellectual activities. Intellectual activity refers to people's thinking movement, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment. It can also indirectly act on nature through people's thinking movement as a medium to produce results. It is only the rules and methods that guide people to think, identify, judge and remember information.
Because no technical means or natural laws are used, technical problems are not solved and technical effects are produced, it does not constitute a technical scheme. Such as traffic rules, grammar of various languages, fast algorithm or oral decision-making, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc.
4. Diagnosis and treatment of diseases. It is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object.
The exclusion of the diagnosis and treatment of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment.
In addition, this method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry, can not be used in the industry, and does not belong to the invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immune methods to prevent diseases, cosmetic or weight loss treatment, etc. However, drugs or medical equipment can be patented.
5. Species of animals and plants. However, patents may be granted for the production methods of animal and plant varieties in accordance with this Law.
6. Substances obtained by nuclear transformation.
7. Patterns are mainly used to mark the patterns, colors or the combination of the two.
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