Legal analysis: To obtain a patent, an invention must be novel, creative, and practical. Novelty means: (1) Before the patent application is submitted to the patent office, the same invention has not been published in domestic or foreign publications. (2) It has not been used publicly in China or is otherwise known to the public. (3) Before the filing date of the application, no other person has filed the same invention or utility model with the Patent Office and recorded it in the patent application documents published later. Creativity means: compared with the existing technology before the filing date of the patent application, the invention has outstanding substantive features and significant progress. The utility model has substantial features and significant progress. Practicality means that the invention and creation applied for a patent can be manufactured in the production of industry, agriculture and other industries, or can be applied in industry or life, and can produce positive effects.
Legal basis: "Patent Law of the People's Republic of China" Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant 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. The term "existing technology" as used in this Law refers to technology that is known to the public at home and abroad before the filing date.