Briefly describe the conditions of invention patent authorization stipulated in China's patent law.

The authorization condition of invention patent is that the invention must be novel, creative and practical. Only when these three basic requirements are met at the same time can the invention be granted a patent right. As for novelty, creativity and practicality, there are also corresponding judgment methods. For example, it is already known to the public before applying for a patent, so a patent cannot be granted.

(1) Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and after the filing date, no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents with foresight.

(2) Creativity means that the invention has outstanding substantive features and remarkable progress compared with the prior art before the filing date. The utility model has substantial characteristics and progress.

(3) Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

Different countries have different patent laws. China and most countries require inventions to be novel, advanced and suitable for industrial patents. Novelty means that on the date of filing a patent application or the priority date, the invention is unprecedented in the prior art, that is, it has not been known to the public. Any written, tape, record, photographic, oral or used publication will lose its novelty. Some countries adopt world novelty, some countries adopt domestic novelty, some countries know that the world scope is the standard, and the public takes the domestic scope as the standard. Advanced, also known as creativity, means that when applying for a patent, the invention is more advanced than the existing technology, and its degree is not obvious to ordinary professionals in this technical field. Practicality means that an invention can be manufactured and used in industry.

legal ground

patent law of the people's republic of china

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; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, 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.