(1) Whether the open standard is open or not is an important basis for distinguishing old and new inventions, old and new utility models and judging whether an invention or utility model is novel. The so-called publicity mainly refers to three ways: written publicity, use publicity and oral publicity, that is, the essential content of the invention or utility model is disclosed in the above ways so as to make it known to people. In practice, whether an invention or utility model is novel is often tested by literature retrieval. Check whether the approved patent includes the invention or utility model for which a patent is applied, and check whether the published document includes the invention or utility model for which a patent is applied.
(2) Time standard The same invention or utility model can be independently created by more than two people, so there is a time standard problem to judge whose invention is novel, which is the second standard to judge whether an invention or utility model is novel. At present, there are two time standards in the world: one is the invention day standard, according to which an invention or utility model is novel as long as its substantive content is not made public before the invention day; The other is the standard of application date, which means that the essential content of the invention or utility model is novel before the application date. China adopts the standard of application date and time. Article 9 of the Patent Law clearly stipulates that "where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant".
(3) Local standards mainly refer to inventions or utility models that are not known and used by people in the legal field, and all of them can be regarded as novel. At present, there are three regional standards used to judge novelty in the world: absolute world regional standards, domestic regional standards and relative world regional standards. China's patent law adopts absolute worldwide regional standards in written disclosure, but adopts local regional standards in use disclosure or other disclosure.
Considering the actual situation in real life, as well as the needs of scientific research and international exchanges, Article 24 of China's Patent Law also stipulates that an invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the filing date: First, it was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; The second is to publish it for the first time at a designated academic conference or technical conference; Third, others disclose their contents without the consent of the applicant.
It is worth noting that the patent laws of different countries have different provisions on the exception of novelty loss. The grace period of not losing novelty stipulated in China's patent law is not recognized in most countries, and this grace period is not the priority of applicants in China. Therefore, in order to be foolproof, we should file a patent application as soon as possible after the invention is completed.