What is the criterion for judging the novelty of invention patents?

Legal analysis: The criteria for judging the novelty of invention patents are as follows: 1. Before filing a patent application, no identical invention had been published in domestic and foreign publications. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records. 2. Before the filing of the patent application, it has not been publicly used in China, or is known to the public in other ways. The so-called public use refers to the sale in the form of commodities, or the dissemination and application in the form of technical exchanges, and even the dissemination of knowledge to the public through television and radio; 3. Before the filing of the application, no one else filed a patent application for the same invention-creation with the patent administration department of the State Council, and it was recorded in the patent application documents published after the filing date.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 22 An invention or utility model that has been granted a patent right shall 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.

Article 24 An invention-creation for which a patent is applied shall not lose its novelty under 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 Municipal Government; (2) It was first published at a specific academic conference or technical conference; (3) Others disclose the contents of the application without the consent of the applicant.