In intellectual property law, what is the difference between creativity and originality?

1. They have different forms of expression

Creativity has two forms of expression:

(1) Inventions, machinery and equipment, instrument equipment and various consumption Supplies, as well as innovations and transformations in manufacturing processes, production processes and detection and control methods, are all inventions.

(2) It is discovered that human beings’ understanding of the inner self, the specific nature and its overall understanding is also a reprocessing behavior.

The expression of originality refers to the ideas, information and creative techniques contained or reflected in the work.

2. The two have different meanings

Creativity refers to the ability or characteristics of an individual to produce novel, unique and socially valuable products, so it is also called creativity. Having social value means that the created results or products have practical or academic value, moral value, aesthetic value, etc.

Originality, also known as originality or originality, refers to the non-imitation (non-plagiarism) and difference of a work that is independently created. And it does not involve the ideas, information and creative techniques contained or reflected in the work.

3. The characteristics of the two are different

Inventive step is in accordance with Article 22 of the current Patent Law: it means that compared with the existing technology, the invention has outstanding substantive features and Remarkable progress, the utility model has substantial features and progress. Fluency, flexibility and uniqueness.

In terms of originality, if it is a work completed jointly by two or more people, since it is not a complete or substantial imitation of the existing work and is different from the existing work, it is also Equally original.

4. The two requirements are different

Creativity requires three parts: creative consciousness, creative thinking process and creative activities. Creative thinking is its core, and creative thinking also includes convergent thinking and divergent thinking. , divergent thinking is the core of creative thinking, and it is most closely related to creative thinking.

The originality requirement means that the invention must be original and unprecedented. The originality requirement of a work only means that the work is non-plagiarized and different, even if the form of expression is coincidentally similar to an existing work.

Baidu Encyclopedia - Creativity

Baidu Encyclopedia - Originality