1. Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed with the patent administration department of the State Council by others and recorded in the patent application documents published after the filing date.
2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress.
3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects.
Materials to be submitted when applying:
The specification shall give a clear and complete description of the utility model, which shall be subject to the realization of the technical personnel in the technical field; When necessary, drawings shall be attached; The description shall specify the name of the utility model, which shall be consistent with the name of the request; The instructions shall include the following contents:
1) technical field: specify the technical field to which the technical scheme to be protected belongs;
(2) Background technology: stating the background technology that is helpful for understanding, searching and examining the invention or utility model; If possible, and cite documents reflecting the background technology;
3) Content of the invention: specify the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model relative to the existing technology;
4) Description of drawings: If there are drawings in the manual, briefly describe the manual;
5) Specific mode: explain in detail the preferred mode of realizing the invention or utility model that the applicant thinks; It is necessary to give examples; If there are drawings, refer to the drawings.
An applicant for a patent for invention or utility model shall write the specification in the above manner and order, and write the title at the front of each part of the specification, unless the nature of the invention or utility model can be written in other manners or order, so as to save the length of the specification and enable others to accurately understand the invention or utility model.
In addition, the specification of the utility model should use standardized words and clear sentences, and the quotations mentioned in the claims and commercial propaganda terms should not be used.
Legal basis:
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced 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. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 25 No patent right shall be granted to the following projects:
(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;
(six) the design of the pattern, color or the combination of the two. 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.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.