How to judge the novelty of patent application?

Paragraph 2 of Article 22 of the Patent Law stipulates: "Novelty means that no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways before the filing date, and no identical invention or utility model was filed with the Patent Office by others and recorded in the patent application documents published after the filing date." Therefore, if an application for a patent for invention or utility model meets this requirement, it is novel.

A "publication" in the sense of the patent law refers to an independent tangible communication carrier with technical or design contents, and shall indicate its publisher or publishing unit and the time of public publication or publication. Publications that meet the above meanings can be all kinds of printed and typed papers, such as patent documents, scientific magazines, scientific books, academic papers, professional documents, textbooks, technical manuals, officially published meeting minutes or technical reports, newspapers, pamphlets, samples, product catalogues, etc. It also includes various tangible carriers made by other methods, such as microfilm, film, photographic film, magnetic tape, video tape, record, magnetic disk and optical disk. Moreover, these publications are not limited by geographical location, language or acquisition method, nor by age. The disclosure of use means that one or more technical solutions are made public due to use, or the technical solutions are in a state that anyone in the public can know. Even if the product or device used needs to be destroyed to know its structure and function, it still belongs to public use. Use publicity includes not only making the public know its technical content through manufacturing, using, selling or importing, but also making the public know its technical content through model demonstration. "Known to the public by other means" mainly refers to oral publicity. Such as oral conversation, report, seminar speech, radio or television. , can make the public understand the technical content, as well as the information and visual materials placed on booths and windows that the public can read, such as posters, drawings, photos, models, samples, samples, etc. We can also know from this clause that if the same invention or utility model has been applied to the Patent Office by others before the filing date, but the patent application of others has not been published or announced after the filing date, then the same patent application after others still has novelty. Judging the novelty of an application for a patent for design is based on Article 23 of the Patent Law, that is, if the design is novel, it should be "different from or not similar to the design publicly published in domestic and foreign publications or publicly used in China before the application date, and should not conflict with the legal rights previously obtained by others." The legal rights mentioned here mainly refer to the exclusive right to use trademarks and copyright.