What is the novelty standard of invention patent right?

The novelty standard of invention patent right, the general openness standard of invention patent right and whether it is open or not are the important basis to distinguish old and new inventions, old and new utility models and judge whether an invention or utility model is novel or not. So what is the novelty standard of invention patent right? Novelty standard of invention patent right novelty standard of invention patent right: (1) Whether the disclosure standard is open or not is an important basis for distinguishing old and new inventions, old and new utility models and judging whether an invention or utility model is novel or not. The so-called publicity mainly refers to three ways: written publicity, use publicity and oral publicity, that is, the essential content of the invention or utility model is disclosed in the above ways so as to make it known to people. In practice, whether an invention or utility model is novel is often tested by literature retrieval. Check whether the approved patent includes the invention or utility model for which a patent is applied, and check whether the published document includes the invention or utility model for which a patent is applied. (2) Time standard The same invention or utility model can be independently created by more than two people, so there is a time standard problem to judge whose invention is novel, which is the second standard to judge whether an invention or utility model is novel. At present, there are two time standards in the world: one is the invention day standard, according to which an invention or utility model is novel as long as its substantive content is not made public before the invention day; The other is the standard of application date, which means that the essential content of the invention or utility model is novel before the application date. China adopts the standard of application date and time. Article 9 of the Patent Law clearly stipulates that if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. (3) Local standards mainly refer to inventions or utility models that are not known and used by people in the legal field, and all of them can be regarded as novel. At present, there are three regional standards used to judge novelty in the world: absolute world regional standards, domestic regional standards and relative world regional standards. China's patent law adopts absolute worldwide regional standards in written disclosure, but adopts local regional standards in use disclosure or other disclosure.