Specific content:
1. novelty
Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date. In some special cases, although the invention or utility model for which a patent is applied has been made public before the filing date or priority date, it is still novel if a patent application is filed within a certain period of time. China's patent law stipulates that 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:
It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
Published for the first time at a specific academic conference or technical conference;
Other contents are disclosed without the consent of the applicant.
Creative
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. For example, patented inventions solve technical problems that people are eager to solve but have not solved; Patent invention overcomes technical prejudice; The patented invention has achieved unexpected technical effects; This patented invention is a commercial success. Whether the invention patent is creative depends on whether the invention is novel.
practical
Practicality means that the invention or utility model can be manufactured or used, which can produce positive effects, that is, it will not cause environmental pollution and serious waste of energy or resources, and will not harm human health. The invention or utility model for which a patent is applied lacks technical means, the technical scheme for which a patent is applied violates the laws of nature, or the technical scheme completed by using unique natural conditions is not practical.
According to the patent law of our country, novelty and aesthetics are the necessary conditions for obtaining patent right for design. Novelty means that the design applied for a patent is not the same as or similar to the design published in domestic and foreign publications before the filing date, and is not the same as or similar to the design publicly used in China before the filing date; Aesthetics means that when design is applied to products, it can make people feel beautiful and increase the attractiveness of products to consumers.
Legal basis:
patent law of the people's republic of china
Chapter II Conditions for Granting Patent Rights
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs 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:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.