Legal analysis: Invention patents and utility model patents must satisfy novelty, creativity and practicality. The essential conditions for obtaining patent rights for a design are novelty and aesthetics.
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; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. 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. Practicality 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 technology that is known to the public at home and abroad before the filing date.
Article 23: The design for which patent rights are granted shall not be an existing design; and no unit or individual has submitted an application to the patent administration department of the State Council for the same design before the application date. and be 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 are 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) The invention is exhibited at an international exhibition sponsored or recognized by the Chinese government It is exhibited for the first time at a conference; (2) it is published for the first time at a prescribed academic conference or technical conference; (3) its contents are leaked by others without the consent of the applicant.