How to judge whether the patent has lost its novelty

According to Article 22 of the Patent Law of People's Republic of China (PRC) (revised in 2008)? 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; 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.

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.

Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:

(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;

(2) It was first published at a specific academic conference or technical conference;

(3) Others disclose the contents of the application without the consent of the applicant.