What is the relationship between independent claims and subordinate claims of patent application documents in terms of novelty, creativity and practicality?
1. According to the relevant provisions of the patent law, novelty means that the invention or utility model does not belong to the existing technology; No unit or individual has filed an application with the Patent Office for the same invention or utility model before the filing date, and it is recorded in the patent application documents published or announced after the filing date (including the filing date). In spoken language, novelty means that the technical scheme for applying for a patent is a technical scheme for which the public cannot find a second identical technical scheme. Generally speaking, if an independent claim is novel, and the dependent claim further defines it, then the dependent claim is novel on the premise that it is novel. On the other hand, not necessarily. For example, a claim generally contains the technical features of the existing technology, and at the same time contains the technical features reflecting its novelty (technically necessary technical features). If the definition of the corresponding independent claim in the dependent claim is only a necessary technical feature, then the corresponding independent claim does not possess novelty. 2. According to the relevant provisions of the Patent Law, the creativity of an invention or utility model means that compared with the existing technology, the invention or utility model has outstanding substantive characteristics and remarkable progress. Non-professionals don't need to delve into what "outstanding substantive characteristics and remarkable progress" are. In practical work, if there is no novel invention or utility model, there must be no creativity. Creativity is only after judging whether an invention or utility model is novel. When judging novelty, only the single technical scheme of the invention or utility model itself is examined whether the same technical scheme has appeared before the application date. When judging creativity, we should not only consider the technical scheme of the invention or utility model itself, but also consider the technical field, technical problems solved and technical effects produced by the invention or utility model, and treat the invention or utility model as a whole. If an independent claim is creative, its subordinate claims are also creative. The truth of novelty analysis is not necessarily the opposite. According to the relevant provisions of the Patent Law, practicality means that the subject matter of an application for invention or utility model must be able to be manufactured or used in industry and produce positive effects. In fact, practicality requires a technical solution embodied in an invention or utility model, which can be reused and useful. From the concept of practicality, the independent claim is not necessarily related to the practicality of its dependent claims, that is, there are three possibilities: 1 both independent claims and dependent claims are practical; 2 independent claims are practical, but dependent claims are not practical; Independent claims are not practical, but dependent claims are practical.