What is the criterion for judging novelty?

Novelty is a prerequisite for the patent application for invention or utility model to be authorized, which means that the invention or utility model does not belong to the existing technology; 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.

Novelty only means that your patent application can't be the existing existing technology or prior patent application, but must be different from the existing technology and prior patent application, and have technical characteristics different from the existing technology or prior conflict application. Then the standards of novelty are prior art and prior conflicting applications. Existing technology refers to the technology that has been published and used publicly at home and abroad. A prior conflict application refers to an application filed by myself or others with the patent administrative department of the State Council before the date of your patent application, and it is recorded in the patent application documents published or announced after the date of the conflict application.

It is particularly important to note that you don't pay attention to confidentiality. Before you submit a patent application, you may publish your patent scheme as a paper or use it publicly, or after you submit a patent application before, you may damage the novelty of the application by slightly modifying it and submitting it again. However, the similar patent application you submitted before can claim the priority of the later patent application.

How to determine the date of patent application: for the patent application documents mailed to the patent administrative department of the State Council, the postmark date is the date of application; If the postmark date is unclear, the date of receipt by the patent administration department in the State Council shall be the date of filing, unless the parties can provide proof. If the application documents are submitted in person, the date of application shall be the receipt of the application documents by the State Intellectual Property Acceptance Bureau and the patent agencies located in various places.