legal basis
article 2 of the patent law of the people's Republic of China. inventions and creations mentioned in this law refer to inventions, utility models and designs. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Article 22 An invention or utility model for which a patent right is granted shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is 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 characteristics and remarkable progress, and the utility model has substantive characteristics 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.