1. Before the invention, utility model or design is applied by others;
2. Before the related products are exported;
3. Before the company goes public;
4. When there are relevant market opportunities and fierce competition;
5. Other times when a patent application is required by law.
legal ground
Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Article 22
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; 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.
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.