Legal analysis: the patentability requirements for granting patent rights are novelty, creativity and practicality. 1. 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. 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. 3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.