What are the conditions for obtaining a patent right?

Inventions and utility models granted patent rights should be novel, creative and practical. Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

legal ground

Article 22 of the Patent Law of People's Republic of China (PRC)

Inventions and utility models granted patent rights should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.