Legal analysis: Determination of the application date of a patent:
If the application documents mailed by the applicant meet the acceptance conditions, the date of mailing shall be the filing date.
If the postmark date of the outgoing mail is unclear, the postmark date of the mail sent to the Patent Office shall be the filing date.
If the postmark of the email is unclear, the date of receipt by the Patent Office shall be the filing date.
Legal basis: "Patent Law of the People's Republic of China" Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, 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. The term "existing technology" as used in this Law refers to technology that is known to the public at home and abroad before the filing date.