How to tell whether a product can apply for a patent?

The way to judge whether a product can be patented: first, confirm whether the product belongs to animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, nuclear transformation methods and scientific discoveries. If it does not belong, judge whether it belongs to invention, utility model or design. If it is an invention or utility model, it should be judged whether it is novel, creative and practical.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC)

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 22

Inventions and utility models granted patent rights should be novel, creative and practical.