1. Inventions and utility models granted patent rights shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council, and it is recorded in the patent application documents or patent documents published after the filing date.
Creativity means that compared with the prior art, 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.
2, do not violate the law, social morality or harm the public interest.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items:
(1) scientific discoveries; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) substances obtained by nuclear transformation; (6) Designs that mainly indicate the pattern, color or combination of the two of the printed matter.
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.