See whether it meets the conditions for applying for a patent under the Patent Law of the People's Republic of China
Chapter 2 Conditions for Granting Patent Rights
Chapter 20 Article 2 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used in the country, or otherwise known to the public, nor has the same invention or utility model been published in domestic or foreign publications before the filing date. The invention or utility model has been applied for by others to the patent administration department of the State Council and is recorded in the patent application documents published after the application date.
Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
Article 23 The design for which a patent right is granted shall be different from or similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date, and shall not be identical or similar to the design. Conflicts with the previously acquired legal rights of others.
Article 24 If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
(1) In China Exhibited for the first time at an international exhibition sponsored or recognized by the government;
(2) Published for the first time at a prescribed academic conference or technical conference;
(3) Others have not The content is disclosed with the consent of the applicant.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Obtained by nuclear transformation method substance.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
Article 5 No patent rights will be granted for inventions and creations that violate national laws, social ethics or harm public interests.