Conditions for granting a patent for utility model:
1. Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed with the patent administration department of the State Council by others and recorded in the patent application documents published after the filing date.
2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress.
3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects.
Patent for utility model: refers to a new and practical design scheme for the product shape or structure, or the combination of structure and shape.
Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 23 A design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern, color or their combination of products. Therefore, the object of design patent protection is the decorative or artistic design of products. This design can be a plane pattern or a three-dimensional shape, and more commonly it is a combination of the two. The main condition for granting a patent is novelty, and its examination and approval procedures, patent period and utility model patent are the same.