novelty
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual 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 was recorded in the patent application documents published or announced after the filing date. The invention or utility model for which a patent is applied must meet the standards of novelty, must be different from the existing technology, and there shall be no conflicting applications.
1, prior art. Existing technology refers to the technology known to the public at home and abroad before the filing date. There are three ways to make technology public:
(1) Publication disclosure refers to the public disclosure of technical information at home and abroad through publications. Its regional standards are international. The publication here refers to the tangible carrier of recording technology or design content, which can be printed or handwritten, and can also be made by electricity, light, magnetism, photography and other means. Its carrier is not limited to paper, but also includes various other types of carriers, such as microfilm, film, magnetic tape, optical disk, photographic film and so on. The public disclosure of technical information refers to the disclosure of technical content by unspecified relevant public who does not undertake confidentiality obligations. The degree of disclosure shall be subject to the implementation of ordinary technicians in the field.
(2) Use publicity, that is, through the use or implementation at home and abroad, the technical content is made public.
(3) Other publicity methods, that is, publications and publicity by other means, mainly refer to oral publicity, such as oral talks, lectures, reports, discussion speeches, and broadcasting on radio or TV stations. , so that the public can understand the relevant technical content. Its regional standards are available at home and abroad.
2. Contradicting with the application. Refers to an invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. Apply first and then apply. Contradictions with the application will destroy novelty and prevent patent duplication.
3. Inaction loses novelty. The invention, utility model and design for which a patent is applied shall not lose its novelty in any of the following circumstances within 6 months before the date of application:
(1) was exhibited for the first time in an international exhibition hosted or recognized by China municipal government;
(2) It was first published at an academic conference or technical conference organized by relevant competent departments and national academic organizations in the State Council;
(three) without the consent of the applicant, others disclose its contents.
(2) Creativity
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. Invention is more creative than utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields.
(3) Practicality
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. It has two meanings: first, the technology can be manufactured or used in industry. Industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industry. Industrial manufacturing and utilization refers to feasibility and reproducibility. Second, it must be able to produce positive effects, that is, compared with the existing technology, the invention or utility model for which a patent is applied can produce better economic or social benefits, such as increasing the number of products, improving the quality of products, increasing the functions of products, saving energy or resources, preventing and controlling environmental pollution, etc.