Legal analysis: 1. Timeliness: Freshness is always associated with a certain EI period. Novelty patent technology becomes existing technology once it is made public. With the passage of time, today's novel patented technology will become tomorrow's existing technology, because society is progressing, knowledge is developing and technological innovation is endless. Most countries take the filing date of patent application (Japan takes the filing date of patent application as the standard for judging novelty). 2. Regionality: Freshness is always associated with a specific region. This is because the evaluation of whether the patented technology is open is always carried out within a specific geographical scope. Corresponding to the public way according to the existing technology, it can be divided into world public and domestic public, and the novelty standard can also be divided into world public and domestic public, which embodies the regional characteristics. For example, according to the standard of novelty in China, a technology is considered new as long as it is not available in China's existing technology. 3. Direct difference: A patent must be different from the existing technology before it can be granted. Because the patent is the same as the existing technology, it does not contribute to the existing technology, nor does it enrich the existing knowledge system, which violates the original intention of legislation.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(1) was exhibited for the first time in an international exhibition hosted or recognized by China municipal government;
(2) It was first published at a specific academic conference or technical conference;
(three) without the consent of the applicant, others disclose its contents.