Paragraph 1 of Article 22 of the Patent Law stipulates:
Inventions and utility models granted patent rights should be novel, creative and practical.
1, novelty, novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application with the patent administration department for the same invention or utility model before the application date, and it is recorded in the patent application documents published or announced after the application date. That is to say, the invention or utility model does not belong to the prior art, and there is no conflicting application. The judgment of novelty is relatively simple: as long as the technical scheme of an invention or utility model is completely disclosed in the comparison document, the invention or utility model will lose its novelty.
2. 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. Creative judgment is complicated, which requires strong professional knowledge and experience and strong retrieval ability. This is a long-term accumulation process. However, the patent for utility model is not subject to creative examination during examination.
3. Practicality: The judgment must meet the following conditions: The Patent Law stipulates: "Practicality means that the invention or utility model can be manufactured or used and can produce positive results." . Being able to manufacture or use means that inventions can be manufactured in large quantities in the production of industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time produce positive results. It must be pointed out here that the patent law does not require that an invention or utility model has been put into production practice before applying for a patent, but it can be realized in the production of industries such as industry and agriculture through analysis and inference.