Novelty means that the invention or utility model does not belong to the prior art; number
Any unit or individual has made a similar invention or utility model before the date of application.
An application has been filed with the Patent Office and recorded after the filing date (including the filing date).
announce
In patent application documents or published patent documents.
2. Prior art
According to the fifth paragraph of Article 22 of the Patent Law, existing technology refers to an application.
The technology known to the public at home and abroad before 1999. The prior art includes that at the filing date
(Priority date, if any)
It has been published in domestic and foreign publications before,
Technology publicly used at home and abroad or known to the public in other ways.
The existing technology should be the technical content that the public can know before the application date.
3. Time limit
The term of the existing technology is the date of application, and if it enjoys priority, it means priority.
Broadly speaking, the technical content published before the filing date belongs to the existing technology.
Technology, but the technical content disclosed on the application date does not belong to the scope of the existing technology.
The disclosure methods in the prior art include publication disclosure, use disclosure and other aspects.
There are three kinds of propaganda, all of which have no geographical restrictions.
4. Conflict application
According to the second paragraph of Article 22 of the Patent Law, in an invention or utility model,
In judging novelty, any unit or individual should be responsible for the same invention or reality.
The new type shall be filed in the Patent Office before and after the filing date (including the filing date).
Day)
Published patent application documents or published patent documents damage the application date.
Novelty of patent application. For the convenience of description, when judging novelty, this will be
Patent applications that damage novelty are called conflict applications.