The novelty of an invention patent means that the invention or utility model is not existing technology, and the invention or utility model has not been filed for patent by any person or organization, and has not been recorded by the patent administration department of the State Council on the application date. Patent application documents to be published later.
Legal Basis
Article 22 of the Patent Law
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.