1. The invention is a new technical scheme for the shape, method or improvement of products;
2. The utility model is a new practical technical scheme for the shape, structure or combination of products;
3. Appearance design is a new design based on the shape, pattern, color or their combination of products, which has aesthetic feeling and is suitable for industrial application.
The conditions for granting patents to different types of inventions in China's patent law are different.
The conditions for granting patent right are novelty, creativity and practicality.
According to Article 22 of the Patent Law of People's Republic of China (PRC):
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable 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 existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
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