The criteria for judging an invention or utility model are:
1. The invention or utility model does not violate legal provisions or public order and good customs;
2. Can apply for a patent Inventions and utility models must possess novelty, creativity and practicality;
3. Other criteria for judging inventions or utility models.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
What is referred to in this law Inventions and creations refer to inventions, utility models and designs.
Article 22
Inventions and utility models for which patent rights are granted 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 for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
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.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.