Novelty means that the invention or utility model does not belong to the prior art;
No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or made public 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.
Legal basis:
Article 2 of the patent law
Inventions mentioned in this Law refer to inventions, utility models and designs. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application in the shape, pattern or combination of products and the combination of colors, shapes and patterns. essay
The patent administrative department of the State Council manages the patent work in the whole country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 4
Where a patented invention involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state. Article 5
No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. Article 6
Inventions and creations that perform the tasks of their own units or mainly make use of the material and technical conditions of their own units are service inventions and creations. The right to apply for a patent for service invention belongs to the unit; After the application is approved, the unit is the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where there is a contractual agreement between the entity and the inventor or designer on the invention-creation completed by using the material and technical conditions of the entity, and there is an agreement on the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.