Conditions to be met for invention patents

1. Novelty: refers to the fact that the same invention or utility model has not been published in domestic and foreign publications before the filing date, has not been publicly used in China or is known to the public in other ways, and has not been applied by others to the State Patent Administration Department and recorded in the patent application documents published after the filing date.

2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress.

3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects.

Legal basis: Inventions and utility models granted patent rights in Article 22 of the Patent Law shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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 this law refers to the technology known to the public at home and abroad before the date of application.