Inventions: technical schemes with high degree of innovation, significant improvement or significant technical significance;
Utility model: For products with certain structure and construction, the improvement should only have corresponding functional effects.
Inventions and utility models granted patent rights should be novel, creative and practical.
novel
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
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.
feasibility
To judge, the following conditions should be met:
The patent law stipulates: "Practicality means that an invention or utility model can be manufactured or used and can produce positive effects."
Being able to manufacture or use means that the invention can be manufactured in large quantities in industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time has a positive effect. It must be pointed out here that the patent law does not require that an invention or utility model has been put into production practice before applying for a patent, but it can be realized in the production of industries such as industry and agriculture through analysis and inference.