The conditions for granting a patent are: 1. The invention-creation involved must be an invention or utility model and must be novel, creative and practical; 2. The invention-creation involved must be a design. It must not belong to the existing design and be identifiable.
Legal Basis
Article 22 of the "Patent Law of the People's Republic of China" stipulates that inventions and utility models granted patent rights shall possess novelty, creativity and practicality . Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant 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. Article 23 The design for which a patent right is granted shall be different from or similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date, and shall not be identical or similar to the design that has been legally obtained by others. Rights conflict.