The conditions that need to be met to accept patent applications are: 1. The inventions and utility models for which patent rights are granted must have 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 to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. 2. Do not violate laws, social ethics or harm public interests. 3. It does not fall within the scope of not granting patent rights as stipulated in Article 25 of the Patent Law.
Legal basis:
Article 22 of the "Patent Law of the People's Republic of China" stipulates that inventions and utility models granted patent rights must be novel, creative and practical. sex. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. 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. Practicality 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 technology that is known to the public at home and abroad before the filing date.
Article 25 No patent rights will be granted for the following items: (1) Scientific discoveries; (2) Rules and methods of intellectual activities; (3) Diagnosis and treatment methods of diseases; (4) ) Animal and plant species; (5) Atomic nuclei transformation methods and substances obtained by atomic nuclei transformation methods; (6) Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as identification functions. For the production methods of the products listed in Item (4) of the preceding paragraph, patent rights may be granted in accordance with the provisions of this Law.