(1) Novelty: An invention with novelty shall meet the following three conditions:
(1) No similar invention has been published in domestic or foreign publications before the filing date. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records.
② It has not been publicly used in China, or is known to the public in other ways. The so-called public use refers to the sale in the form of commodities, or the dissemination, application and even public knowledge through television and radio.
(3) Before the filing date of the application, no one else filed an application with the Patent Office for the same invention or utility model, and it was recorded in the patent application documents published later.
Therefore, before submitting an application, the applicant should investigate the novelty of his invention and creation. If it is obviously not novelty, there is no need to apply for an expert.
(2) Creativity
Creativity means that compared with the existing technology, the invention for which a patent is applied should have outstanding substantive features and remarkable progress, and the utility model should have substantive features and progress.
(3) Practicality
Practicality means that inventions can be manufactured in batches in industries such as industry and agriculture, or can be applied in industry or life, and can produce positive effects and increase economic benefits.
According to the provisions of the Patent Law, a design that has been granted a patent right should be different from or not similar to a design that has been published in domestic and foreign publications or used publicly in China before the filing date.
Legal basis:
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Derivative problem:
How to apply for a patent and the process?
Relevant materials should be submitted or mailed to the Patent Office or the local patent agency window. The State Patent Office issued a notice of acceptance, saying that the patent application entered the examination and approval procedure and paid the application fee. The patent office examines the application and can grant a patent as long as it passes the preliminary examination. Upon examination and approval by China National Intellectual Property Administration, a patent right may be granted.