1, novelty
Refers to the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
2. Creativity
Compared with the prior art, the utility model has outstanding substantive characteristics and remarkable progress, and the utility model has substantive characteristics and progress.
Step 3 be practical
Refers to the invention or utility model can be manufactured or used, and can produce positive effects.
Patent characteristics
1, exclusive
That is exclusivity. Refers to a certain period of time (within the validity period of the patent right) and a certain area (within the jurisdiction of the law), no unit or individual may exploit its patent without the permission of the patentee; For inventions and utility models, it is forbidden to manufacture, use, promise to sell, sell or import patented products for production and business purposes; For a design, it is forbidden to manufacture, promise to sell, sell or import its patented product for the purpose of production and operation, otherwise it is an infringement.
2. Regionality
Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, if an individual country recognizes the validity of the patent right approved by another country, the technological invention will be granted the patent right applied for by that country, and it is only valid within the scope of the patent-granting country, but it is not legally binding on other countries, and other countries do not undertake any protection obligations.