Existing technology refers to the technology known to the public at home and abroad before the filing date. Is the existing technology included in the filing date (priority date if there is priority)? Technology previously published in domestic and foreign publications, publicly used at home and abroad or known to the public in other ways. ?
The existing technology should be the technical content that the public can know before the application date. In other words, the existing technology should be available to the public before the application date, and it should contain contents that can enable the public to learn substantive technical knowledge from it. ?
It should be noted that the confidential technical content does not belong to the prior art. The so-called confidential state includes not only the situation that is bound by confidentiality laws or agreements, but also the situation that is considered to have the obligation of confidentiality in social concepts or business habits, that is, the situation of implied confidentiality. ?
However, if the person with confidentiality obligation violates the regulations, agreements or tacit understanding, which leads to the disclosure of technical contents and makes the public know these technologies, these technologies also constitute a part of the existing technologies. ?
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, the utility model has substantive features and progress, and the invention has outstanding substantive features and progress. ?