Should meet the requirements of novelty, creativity and practicality. Novelty means that before the filing date, no identical invention was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention was filed with the Patent Office by others and recorded in the patent application documents. Creativity means that the invention has substantial characteristics and progress compared with the existing technology before the filing date. Practicality means that the invention can be manufactured or used and can produce positive effects.
Legal objectivity:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim 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.