Legal analysis: Briefly describe the positive conditions in the substantive conditions for patent grant: The conditions for granting patent rights refer to the substantive conditions that an invention and creation should meet to obtain patent rights. The essential conditions for an invention or utility model to obtain patent rights are novelty, creativity and practicality. Novelty means that before the filing date, the same invention or utility model has not been publicly published in domestic or foreign publications, has not been publicly used in China, or has been known to the public in other ways, and no identical invention or utility model has been disclosed to the public by others. The patent office has filed an application and it is recorded in the patent application documents published after the filing date. Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. For example, a patented invention solves a technical problem that people are eager to solve but have not yet solved. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Legal basis: Article 2 of the Patent Law of the People's Republic of China. The inventions and creations mentioned in this law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.