The patentability of technology means that in order to apply for a patent, a technology must meet the "three properties" requirements of a patent, namely novelty, creativity and practicality.
Among them:
1. Novelty means that the technology does not belong to the existing technology; and no unit or individual has reported the same technology to the patent administration department of the State Council before the filing date. An application has been filed and recorded in patent application documents or published patent documents published after the filing date.
2. Creativity means that compared with the existing technology, the technology to be applied for invention has outstanding substantive features and significant progress, and the technology to be applied for utility model has substantive features and progress .
3. Practicality means that the technology can be manufactured or used and can produce positive effects.
On this basis, it is possible for this technology to obtain patent authorization.
After authorization, the patentee can enjoy the exclusive rights granted to him by law,
including:
Invention and utility model patent rights are granted Subsequently, except as otherwise provided by law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented products. Patented methods and the use, offer for sale, sale, and import of products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product.