Article 22 of the Patent Law Inventions and utility models granted patent rights 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.
The creative requirements of invention patents have outstanding substantive characteristics and remarkable progress, that is, what is often said in American and European patents should be non-obvious. Compared with the prior art, the utility model needs substantial features and progress, and does not have to be significant.