Although the patent laws of different countries are different, China and many countries strictly require that inventions used for patent applications should meet three conditions: practicality, novelty and creativity.
Novelty:
Refers to the invention or utility model does not belong to the existing technology, and no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date, and it is recorded in the patent application documents or patent documents published after the filing date.
Creativity:
Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Creative judgment pays more attention to the invisibility of technology. Although an invention is novel, it is not necessarily creative.
Practicality _:
Refers to the invention or utility model can be manufactured or used, and can produce positive effects. Practical inventions should be able to be manufactured or used, that is, they should be implementable.
Legal basis:
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable 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. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.