1, the invention or utility model is novel, creative and practical;
2. The invention for which a patent is applied is a new technical scheme for a product, method or its improvement;
3. The applicant is qualified;
4. Other application conditions for invention patents.
The requirements for applying for a patent for invention include novelty, creativity and practicality. Only with these three conditions can you apply for patent recognition. Of course, novelty means that this utility model does not belong to the technology we have now, and it must have certain practical uses.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. The invention or utility model for which a patent is applied must meet the standards of novelty, must be different from the existing technology, and there shall be no conflicting applications.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. Invention is more creative than utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. Invention is more creative than utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields.
Legal basis:
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 of the Patent Law of People's Republic of China (PRC)
Inventions and utility models granted patent rights should be novel, creative and practical.
Article 45 of the Patent Law of People's Republic of China (PRC)
Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.