Patent right is an exclusive intellectual property right with a strong monopoly. It refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law. Without the permission of the obligee, others may not produce or sell patented products.
Patents in China are divided into invention patents, utility model patents and designs. Article 22 of the Patent Law stipulates that 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 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 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. Therefore, novelty, creativity and practicality are the necessary conditions for granting patents for inventions and utility models. At the same time, Article 23 of the Patent Law stipulates that a patented design does not belong to an existing design; No unit or individual has applied to the patent administration department of the State Council for the same design before the application date, and recorded the patent documents published after the application date.