Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
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.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Explanation: This article stipulates the necessary conditions for granting patents for inventions and utility models.
1. According to the provisions of this article, inventions and utility models that are granted patent rights must be novel, creative and practical.
2. Novelty means that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
1. The time limit for judging whether it is novel is subject to the filing date of the patent application. According to the relevant provisions of this law, the date when the patent administrative department of the State Council receives the patent application documents is the filing date.
2. Whether it is novel or not shall be judged by whether the invention or utility model for which the patent is applied has been made public and has become a well-known technology. Before the filing date, the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways, which meets the requirements of novelty.
3. Whether the same invention or utility model has been applied by others and recorded in the patent documents to prevent application conflicts. If others have filed an application with the same invention or utility model to the patent administration department of the State Council before the filing date, and it is recorded in the patent application documents published after the filing date, that is, in case of application conflict, in order to avoid repeated authorization of the same invention or utility model patent application, the invention or utility model applied first is regarded as the existing technology of the invention or utility model applied later, and the latter application does not have novelty.
3. 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.
1. To judge whether the invention for which a patent is applied meets the criteria of creativity is whether the invention has outstanding substantive characteristics and remarkable progress.
2. To judge whether the utility model for which a patent is applied meets the creative standard, which is lower than the invention patent, as long as the utility model has substantial characteristics and progress, and does not require prominence and distinctiveness.
4. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
1. can be manufactured. As a technical scheme of invention or utility model, it should be achievable, that is, if the purpose of invention is to manufacture products, then the products must be manufactured according to the technical scheme of invention.
2. Be able to use it. As an invention or utility model, its technical scheme must be able to be implemented. If invention is a technical method, it should be used in industrial production.
3. It can have a positive impact. Compared with the prior art, the economic, technical and social effects of the invention or utility model should be positive and beneficial. Inventions or utility models that are obviously useless, divorced from social needs, seriously pollute the environment, seriously waste energy or resources, and endanger human health are not practical.
4. It must be reproducible. As a technical scheme, the invention or utility model shall be realized repeatedly. That is, the technical personnel in this technical field can repeatedly implement the technical scheme adopted in the patent application according to the disclosed technical content to achieve its purpose.