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.
As can be seen from the above, if the technical scheme of the application has been made public, in the process of examination, there will generally be problems that do not have novelty, and it is impossible to apply for patent authorization.
However, in the patent law, the published technical scheme does not lose novelty. If satisfied, even if the technical scheme has been published, you can apply for a patent within 6 months after publication without losing novelty.
Among them, the technical scheme to be applied without losing novelty needs to be disclosed in the following ways:
(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(2) It was first published at a specific academic conference or technical conference;
(3) Others disclose the contents of the application without the consent of the applicant.
If the applied technical scheme has been made public and does not belong to the above-mentioned public situation, you cannot apply for a patent. The patent application here means that the patent authorization cannot be obtained.