Conditions for obtaining patent rights for inventions and creations: 1. An invention-creation is one of inventions, utility models and designs; 2. The inventions and utility models applied for patents must be novel, creative and practical. 3. The applicant enjoys the right to apply for a patent; 4. Other conditions.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" refers to inventions, utility models and designs as mentioned in this law. 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 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.