Conditions for authorization of patents for inventions or utility models

The licensing conditions for a patent for invention or utility model are novelty, creativity and practicality. Conditions for granting patents for inventions or utility models 1. Novelty 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. Novelty is lost in any of the following circumstances: (1) constitutes existing technology ... The so-called existing technology refers to the technology known to the public at home and abroad before the filing date. (2) Contradicting with the application. Conflict application refers to the invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. (3) It is not considered as a loss of novelty. The so-called "not regarded as losing novelty" refers to the situation that an invention, utility model or design has been made public, but it is not regarded as losing novelty because it conforms to the legal situation, and you can still apply for a patent. Article 24 of the Patent Law stipulates that the invention, utility model and design for which a patent is applied shall not lose its novelty in any of the following circumstances within six months before the date of filing: ① It was exhibited for the first time at an international exhibition sponsored or recognized by the China government. (2) It was first published at a designated academic conference or technical conference (organized by the relevant competent departments of the State Council and national academic organizations). (three) without the consent of the applicant, others disclose its contents. 2. Creativity means that the invention has outstanding substantive characteristics and remarkable progress compared with the existing technology before the filing date. The law requires different degrees of creativity for inventions and utility models, which is higher than utility models. The creativity of utility model only requires that the utility model has substantive features and progress compared with the existing technology before the application date, that is, it does not require outstanding substantive features and significant progress. 3. Practicality Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. It has two meanings: ① Technology can be manufactured or used in industry. ② It must be able to produce positive effects, that is, the technology can produce better social, economic and technical effects.