Inventions and utility models granted patent rights according to Article 22 of the Patent Law of People's Republic of China (PRC) (revised in 2008) shall 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.
Second, to apply for a patent, you need to submit the necessary application documents to China National Intellectual Property Administration as required. The application documents can be delivered directly to the acceptance office and various agencies in China National Intellectual Property Administration, registered mail to China National Intellectual Property Administration, or entrusted to an agent.