Inventions for which patent rights are granted must be novel, creative and practical.
(1) Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used in China, or otherwise known to the public, and No other person has applied for the same invention or utility model to the patent administration department of the State Council and it is recorded in the patent application documents published after the application date.
1. The time limit for judging whether there is novelty is based on the filing date of the patent application. In accordance with the relevant provisions of this Law, the date when the patent administration department of the State Council receives the patent application documents is the filing date.
2. To determine whether it is novel, it shall be based on whether the invention or utility model for which a patent is applied for has been disclosed and has become known technology. If the same invention or utility model has not been publicly published in domestic or foreign publications, publicly used domestically, or otherwise known to the public before the filing date, it shall meet the conditions of novelty.
3. Whether the same invention or utility model has been applied for by others and recorded in the patent document to avoid conflicting applications. If others have filed an application with the Patent Administration Department of the State Council for the same invention or utility model before the filing date, and it is recorded in the patent application documents published after the filing date, that is, when a conflicting application occurs, in order to avoid infringement of the same invention or utility model, If a new patent application is granted repeatedly, the invention or utility model applied for first will be regarded as the prior art of the invention or utility model applied for later, and the later application will not be novel.
(2) Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
1. To determine whether a patented invention meets the criteria for inventiveness is whether the invention has "outstanding substantive features" and "remarkable progress."
2. To judge whether a utility model applied for patent meets the standard of inventive step, the requirements are lower than that of an invention patent. As long as the utility model has substantive features and progress, it is not required. "Prominent" and "significant".
(3) Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
1. Able to manufacture. As a technical solution for an invention or utility model, it should be achievable, that is, if the purpose of the invention is to manufacture a product, then the product must be able to be manufactured according to the technical solution of the invention.
2. Can be used. The technical solution as an invention or utility model must be implementable. If the invention is a process, the process should be usable in industrial production.
3. Can produce positive effects. Compared with existing technologies, the economic, technical and social effects produced by an invention or utility model should be positive and beneficial. Inventions or utility models that are obviously useless, divorced from social needs, seriously pollute the environment, seriously waste energy or resources, or harm personal health are not practical.
4. Must be reproducible. As a technical solution, an invention or utility model should be reproducible. That is, skilled personnel in the technical field can repeatedly implement the technical solutions adopted in the patent application to achieve the purpose based on the disclosed technical content.