Invention-creation is novel, which refers to the same invention or utility model creation that has not been publicly published or publicly used in domestic and foreign publishing units before the invention-creation applies for patent right, and there is no case that others have not filed a patent application with the patent administration department of the State Council and issued patent application documents. The invention is creative, and the so-called creativity means that the new invention has more outstanding characteristics and progress than the existing related technologies, or that the invention is a brand-new field. The invention is practical, which means that the invention can be used for manufacturing and can produce positive effects.
No patent right shall be granted for the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;
(six) the design of the pattern, color or the combination of the two.
A patent right may be granted to the production method of a product in accordance with regulations. Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.