In China, there are three kinds of patents: inventions, utility models and designs. China National Intellectual Property Administration, the People's Republic of China, is the directly affiliated institution in charge of national patent work and overall coordination of foreign-related intellectual property affairs in the State Council. So, what are the specific national standards for patent applications?
Although the patent laws of different countries are different, China and many countries strictly require that inventions used for patent applications should meet three conditions: practicality, novelty and creativity.
Novelty: It means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council, and it is recorded in the patent application documents published or announced after the filing date.
Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Creative judgment pays more attention to the invisibility of technology. Although an invention is novel, it is not necessarily creative.
Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects. Practical inventions should be able to be manufactured or used, that is, they should be implementable. Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.
The above is related to the national standards for patent application. For other patent-related knowledge, please consult the online customer service of intellectual property.
Patent application requires national patent application.