(1) has outstanding substantive characteristics compared with the prior art before the filing date;
(2) Compared with the prior art before the filing date, it has made remarkable progress. Judging whether the present invention is obvious relative to the prior art can generally be carried out according to the following three steps.
Determine the closest prior art.
(2) Determine the salient features of the invention and the technical problems actually solved by the invention.
(3) Judge whether the claimed invention is obvious to the technical personnel in this field.
When evaluating whether an invention has made significant progress, the main consideration is whether the invention has beneficial technical effects. In the following cases, it should generally be considered that the invention has beneficial technical effects and significant progress:
(1) Compared with the prior art, the invention has better technical effects of improving quality, increasing output, saving energy, preventing and controlling environmental pollution and the like.
(2) The invention provides technical schemes with different technical concepts, and the technical effect can basically reach the level of the prior art;
(3) Invention represents the development trend of new technology;
(4) Although the invention has negative effects in some aspects, it has obvious positive technical effects in other aspects.