In order to obtain the patent right, the invention must meet the substantive and formal conditions. Substantive conditions refer to the attribute requirements that an invention-creation applying for a patent must have, while formal conditions refer to the requirements of an invention-creation applying for a patent in terms of application documents and procedures. The conditions for granting a patent right mentioned here only refer to the substantive conditions for granting a patent right. I. Authorization Conditions (1) Novelty Novelty Novelty means that no identical invention or utility model has been publicly published in domestic and foreign publications, publicly used in China or made known to the public in other ways before the date of application. The same invention or utility model has not been applied to the Patent Office by others, and it is recorded in the patent application documents published after the application 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. The existing technology is the technology that has been published before the filing date. There are three ways of technology disclosure: (1) publication disclosure, that is, technical information is publicly disclosed at home and abroad through publications. Its regional standards are international. The publication here refers to an independent tangible communication carrier with technical or design content, which can be printed matter, printed matter or handwritten matter, or made by other means such as electricity, light, magnetism and photography. 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) The use of publicity, that is, through the use or implementation of public technical content in China. Its geographical standard is in China. (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 standard is in China. 2. Conflict with the application. Conflict application refers to the 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. It is not considered as the loss of novelty. The invention, utility model and design for which a patent application is filed shall not lose its novelty in any of the following circumstances within 6 months before the filing date: (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 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 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 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. (four) other conditions, such as the specification needs to fully disclose the technology for which the patent is applied. specific requirements
Legal objectivity:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. Article 34 of the Patent Law of People's Republic of China (PRC) * * * After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, shall immediately publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. Article 39 of the Patent Law of People's Republic of China (PRC) Where an application for a patent for invention is rejected after substantive examination, the patent administration department of the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.