Inventions and utility models granted patent rights should be novel, creative and practical. 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. Creativity means that compared with the prior art, 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. The existing technology mentioned in relevant laws refers to the technology known to the public at home and abroad before the application date.
Legal basis: Article 3 of the Regulations on the Protection of Computer Software
The meanings of the following terms in this Ordinance:
(1) A computer program refers to an encoded instruction sequence that can be executed by a computer or other equipment with information processing capability to obtain a certain result, or a symbol instruction sequence or a symbol sentence sequence that can be automatically converted into an encoded instruction sequence. The source program and the target program of the same computer program are the same work.
(2) Documentation refers to written materials and charts used to describe the content, composition, design, functional specifications, development, test results and usage of the program, such as program design instructions, flow charts, user manuals, etc.
(3) Software developers refer to legal persons or other organizations that actually organize and directly develop software and are responsible for the developed software; Or rely on their own conditions to independently complete software development and be responsible for the software.
(4) The term "software copyright owner" refers to a natural person, legal person or other organization that enjoys copyright in software in accordance with the provisions of these Regulations.