Criteria for judging the novelty of patent applications:
1. The novelty will generally disappear with the passage of time;
2. Novelty is often associated with specific related to the region;
3. The content of novelty must be clearly declared in the patent application documents;
4. Other judgment criteria.
Legal basis
Article 2 of the Patent Law of the People's Republic of China
Inventions and creations as mentioned in this law refer to inventions and utility models and appearance design.
Article 22
Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.