Legal analysis: Inventions and utility models granted patent rights should be novel, creative and practical. The concept of novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date (including the filing date). The inventiveness of the invention means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress. Whether the invention is creative or not should be evaluated on the basis of the knowledge and ability of technicians in their technical fields.
Legal basis: According to the first paragraph of Article 22 of the Patent Law of People's Republic of China (PRC), inventions and utility models that are granted patent rights should be novel, creative and practical.