Although the patent laws of various countries are different, China and many countries strictly require that inventions used for patent applications must meet three conditions: novelty, advancement, and industrial applicability.
Novelty condition: The invention is unprecedented in the prior art and has never been published or used publicly (oral disclosure is not acceptable).
Advancedness conditions: This technology is superior to existing technology and more advanced. It is unknown to ordinary practitioners in the industry and is not easy to discover.
Practical conditions: The invention can be put into practical use and create industrial value. And for different inventions and creations, corresponding patent rights should be applied for. New technology solutions for products, methods, or improvements to products or methods can apply for invention patents; for product shapes, structures, or a combination of the two, utility model patents can be applied for; for product shapes, patterns, or combinations with colors, etc. New designs are suitable for applying for appearance patents.
However, in addition to the above mentioned, there are also some objects that do not meet the conditions for patent grant:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Use Substances obtained by atomic nuclear transformation;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a marker;