To be authorized, a patent must meet the requirements of practicality, novelty and creativity:
1. practicality, that is, the product must be able to be mass-produced in industry and have positive effects, which can be satisfied by general products;
2. Novelty, that is, the technical scheme must be new, and no one disclosed or applied for a patent before the filing date. Note that the "new" technical scheme should not be completely new, as long as it is different from the existing technical scheme. For example, the existing product A is connected by welding, and the new product B is connected by bolts. There are differences between them, so product B can satisfy novelty, so the patent is easier to satisfy novelty.
3. Creativity, that is, compared with the existing technology, the new technical scheme has (obvious) substantive characteristics and (remarkable) progress, and its core lies in its non-obviousness. This technical scheme can only be obtained through creative intellectual activities, instead of replacing and combining conventional technical means. In the above example, because welding and bolting are common technical means in the mechanical industry, product B is not satisfied with creativity. In fact, most of them are rejected.
When judging the creativity of the new technical scheme, China adopts the three-step method:
1, find the closest existing technology,
2. Find out the difference between the existing technology and the new technical scheme and the technical problems solved by the difference.
3. Judge whether the differentiated technical features have technical implications for the new technical scheme.
If the new technical scheme has different technical characteristics compared with the existing technology, and they are not a substitute or combination of conventional technical means, the existing technology has no technical enlightenment to the new technical scheme, so it can be judged that the new technical scheme is creative.
The word "similarity" appears in the question, which shows that the new product meets the novelty. Then, with reference to the concept and judgment rules of creativity, we can evaluate whether the new product is creative or not. If creative, new products can be patented and authorized.