Patent application standard

Legal analysis: the standard of patent application is as follows: 1, practicality means that the invention or utility model can be manufactured or used and can produce positive effects; 2. Novelty means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model; 3. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Legal basis: The design granted the patent right in Article 23 of the Patent Law of People's Republic of China (PRC) does not belong to the existing design, and no unit or individual has filed an application for the same design with the patent administration department of the State Council before the application date, and it is recorded in the patent documents published after the application date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.