Creativity means that compared with the prior art before the filing date, the invention has obvious substantive features and remarkable progress, and the utility model has substantive features and progress. The composition of the technical scheme of the invention or utility model for which a patent is applied must be substantially different from the technical scheme before the filing date, and must be the result of creative thinking, rather than the technology before the filing date that is naturally obtained through simple analysis, induction or reasoning. The effectiveness of the invention is higher than that of the utility model. Subjective judgment is based on the knowledge and judgment ability of ordinary technicians in this field. In other words, this technology is better and more advanced than the existing technology, which is unknown to the general practitioners in the industry and is not easy to find.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. It has two meanings: first, this technology can be manufactured or used in an industry. It mainly includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industry. Industrial production and use are realizable and renewable. On the one hand, it must be able to produce positive results, that is, compared with the existing technology, the patented invention or utility model can produce better economic or social effects.
As long as the above three conditions are met, you can apply for a patent. In China, patents followed? Apply first? In other words, if two or more applicants apply for a patent for the same invention, the patent will be granted to the first applicant. Secondly, in market economy activities, applying for patent protection in time for inventions that meet the requirements of patent application is conducive to the technical protection and efficiency improvement of enterprises, because patents have exclusive implementation.