What characteristics should patented inventions and utility models have?

Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.

Technical solutions that can be granted patent rights must first fall within the scope of patent law protection. The following items are not patentable:

(1) Scientific discoveries;

(2) Rules and methods of intellectual activities;

(3) Diagnosis and treatment methods of diseases;

(4) Animal and plant varieties;

(5) Substances obtained by atomic nuclear transformation;

(6) Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as a mark.

Secondly, it must not violate the law, social ethics or harm public interests; thirdly, it must meet the "three requirements" of practicality, novelty, and creativity: Novelty refers to the invention or The utility model does not belong to the existing technology; and no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and recorded the patent application documents or announced patent documents published after the application date. middle.

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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.