Conditions for granting patent right ()

The conditions for granting the patent right are: 1. The conditions for applying for a patent for invention and utility model are novelty, creativity and practicality; 2. The conditions for applying for a patent for design are: novelty, not belonging to the existing design; 3, can not conflict with others' prior patent rights.

According to Article 5 of the Patent Law of People's Republic of China (PRC), no patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.

No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 22 stipulates that inventions and utility models granted patent rights shall be novel, creative and practical.

Article 23 stipulates that a design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.