1. The object scope of a patent application only includes inventions, utility models and designs;
2. Patented inventions and utility models shall be novel, creative and practical;
3. Other conditions prescribed by law for applying for a national patent.
legal ground
Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Article 22
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.