What are the substantive conditions for granting a patent right?

To be authorized, a patent application needs to meet both formal and substantive conditions. The formal requirement is that the patent application documents should conform to the format stipulated in the Patent Law and its detailed rules for implementation. What are the substantive conditions for granting a patent right? The following is introduced in detail by Bian Xiao in this article. What are the necessary conditions for granting a patent right? 1. Novelty This means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was filed by others with the the State Council Patent Administration Department and recorded in the patent application documents published after the filing date. 2. Creativity This means that 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. 3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. Novelty, creativity and practicality are the necessary conditions for granting patents for inventions and utility models. At the same time, the Patent Law stipulates that a design granted a patent right shall be different from or similar to a design that has been published in publications at home and abroad or used in China before the filing date, and shall not conflict with the legal rights previously obtained by others. This is a substantial condition for granting the patent right of design. Under what circumstances are patents not granted? 1, scientific discovery; 2. Rules and methods of intellectual activities; 3. Diagnosis and treatment of diseases. 4. Animal and plant varieties; 5. Substances obtained by nuclear transformation. The production method of the products listed in item 4 of the preceding paragraph may be granted a patent right in accordance with the provisions of this law.