Patent applications need to meet the following conditions before they are accepted:
1. Novelty, mainly refers to the fact that the invention or utility model does not appear in the existing technology;
2 , Creativity, mainly refers to significant progress compared with existing technology;
3. Practicality, refers to the fact that the invention or utility model can be manufactured or used and can produce positive effects.
Legal basis
Article 22 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
Granting of patent rights Inventions and utility models must be novel, creative and practical.
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 the technology that was known to the public at home and abroad before the filing date.