The main conditions for the practicality of early technologies are as follows:
The "Patent Law" has the same novelty requirements for invention patents and utility model patents. A new type must be novel, creative and practical. That is, only inventions and utility models that meet the requirements of the "three properties" are likely to obtain patent rights.
1. Novelty: means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used in China, or otherwise known to the public. No other person has applied for the same invention or utility model to the patent administration department of the State Council and it is recorded in the patent application documents published after the application date.
2. Creativity: means that compared with the existing technology before the filing date, the utility model has substantial features and improvements.
3. Practicality: means that the utility model can be manufactured or used and can produce positive effects
Legal basis: "Patent Law of the People's Republic of China" Article 22 The 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 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.