What is the novelty of patent application, and what are the criteria for judging novelty?

According to the second paragraph of Article 22 of China's Patent Law, novelty means that the invention or utility model does not belong to the existing technology; Before the filing date, no unit or individual filed an application with the Patent Office for the same invention or utility model, and it was recorded in the patent application documents published or announced after the filing date.

Before submitting a patent application, the applicant shall make an extensive investigation on the novelty of his invention and creation, and make a correct judgment on whether it is novel or not.

(1) Before the filing of this patent application, similar inventions had not been published in domestic and foreign publications. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records.

(two) before the filing of the patent application, it has not been publicly used in China, or is known to the public in other ways. The so-called public use refers to the sale in the form of commodities, or the dissemination and application in the form of technical exchanges, and even the dissemination of knowledge to the public through television and radio;

(3) Before the filing of the application, no one else filed a patent application with the Patent Office for the same invention-creation, and it was recorded in the patent application documents published after the filing date.