(1) The judgment of novelty shall meet the following conditions:
(1) Before filing the patent application, no identical invention was published in domestic and foreign publications. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records.
(two) before the filing of the patent application, it has not been publicly used in China, or is known to the public in other ways. The so-called public use refers to the sale in the form of commodities, or the dissemination and application in the form of technical exchanges, and even the dissemination of knowledge to the public through television and radio;
(3) Before submitting the application, no one else filed a patent application with the Patent Office for the same invention-creation, and it was recorded in the patent application documents published after the application date.
(2) Creative judgment shall meet the following conditions:
Compared with the prior art before the filing date, it has outstanding substantive characteristics. Compared with the prior art, the invention has obvious essential differences. That is to say, the invention is not an ordinary technical person in a technical field who can directly draw all necessary technical features that constitute the invention from the prior art..
Compared with the prior art before the filing date, it has made remarkable progress. Remarkable progress means that the invention has made great progress compared with the nearest prior art. This progress is as follows: the invention overcomes the shortcomings and deficiencies of the prior art; Or in the new technological trend represented by invention and creation; Or reflected in the excellent or unexpected effects of the present invention.
(3) The judgment of practicality shall meet the following conditions:
The patent law stipulates: "Practicality means that an invention or utility model can be manufactured or used and can produce positive effects."
Being able to manufacture or use means that the invention can be manufactured in large quantities in industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time has a positive effect. It must be pointed out here that the patent law does not require that an invention or utility model has been put into production practice before applying for a patent, but it can be realized in the production of industries such as industry and agriculture through analysis and inference.