Novelty, creativity and practicability of patented technology

Novelty, creativity and practicality are the most basic characteristics of patent technology, and they are also the basic criteria for whether a patent application can be authorized. Among them, novelty and creativity are the essential characteristics of all inventions. Without novelty and creativity, it can't be an invention, and of course it can't be patented. For the relationship between novelty and creativity, the author has the following experience:

First, novelty and creativity are closely related and complement each other, and the integration of the two is what people often call innovation.

Secondly, the characterization of novelty is more specific, clear and easy to investigate; The embodiment of creativity is often profound and difficult to grasp, which requires a profound and comprehensive understanding of related technical fields. However, creativity is the soul of patented technology. Without creativity, it is not patented technology.

Thirdly, in practice, novelty may have a certain "promoting" effect on creativity. A fairly novel invention or design is sometimes impeccable in creativity, because it is difficult to find the corresponding comparative literature. In this way, novelty seems to enhance creativity. However, in today's era, any scientific and technological progress must be achieved through innovation on the basis of the original technology, and the reliability of inventions or designs lacking technical background is questionable.

Let's talk about practicality again. Practicality is the most valuable feature of patented technology. The author believes that novelty and creativity are "hard indicators" in the stage of patent application approval, and most rejected patent applications are due to the lack of novelty or creativity. However, in the implementation stage of patented technology, practicality has become a "hard indicator". The lack of practical patented technology has very limited significance and function.

-Quoted from the fifth chapter of Ideas and Methods of Scientific and Technological Innovation (Intellectual Property Press, 20 13).