The judgment of patent novelty shall be based on the following principles:
(1) same invention or utility model
An application for a patent for invention or utility model under examination is deemed to be the same invention or utility model (hereinafter referred to as an application published earlier or later) if its technical field, technical problems solved, technical scheme and expected effect are substantially the same as those of the existing technology or inventions or utility models submitted to the Patent Office by any unit or individual before the application date. It should be noted that when judging novelty, the examiner should first judge whether the technical scheme of the patent application under examination is essentially the same as that of the comparison document. If the technical scheme defined in the patent application is essentially the same as the technical scheme disclosed in the reference document, and the technicians in the technical field can determine that they can be applied to the same technical field, solve the same technical problems and have the same expected effect, they are considered to be the same invention or utility model.
(2) Separate comparison
When judging novelty, each claim in an application for a patent for invention or utility model shall be compared with the relevant technical content of each invention or utility model published or announced in advance, and shall not be compared with the combination of several existing technologies or inventions or utility models published or announced in advance, nor shall it be compared with the combination of multiple technical schemes in a comparison document. That is, judging the novelty of an application for a patent for invention or utility model applies the principle of separate comparison. This is different from the method of judging the creativity of an application for a patent for invention or utility model. You can ask us more questions.