Legal analysis: It is recommended not to apply because it has been made public and the novelty has been lost.
Legal basis: "Patent Law of the People's Republic of China"
Article 22: Inventions and utility models for which patent rights are granted must be novel, creative and practical. sex.
Novelty means that the invention or utility model does not belong to the existing technology and no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and it is recorded In patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 23: The design for which a patent right is granted shall not belong to an existing design and no unit or individual has applied for the same design to the patent administration department of the State Council before the application date, and It is recorded in patent documents published after the filing date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
The term "existing designs" as used in this Law refers to designs that were known to the public at home and abroad before the date of application.
Article 24 If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
(1) In China Exhibited for the first time at an international exhibition sponsored or recognized by the government
(2) Published for the first time at a prescribed academic conference or technical conference
(3) Others without the approval of the applicant Disclosing its contents with consent.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries
(2) Rules and methods of intellectual activities
(3) Diagnosis and treatment methods of diseases
(4) Animal and plant species
(5) Substances obtained by nuclear transformation methods
(6) Designs made from the patterns, colors, or a combination of the two on flat printed matter that serve primarily as logos.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.