According to the Patent Law, inventions and utility models granted patent rights should be novel. For inventions and utility models, novelty means that no same invention or utility model has been published in domestic and foreign publications, used in China or known to the public in other ways before the filing date, and no same invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date (including the filing date). From the definition of novelty, it can be concluded that if the earlier application has been made public and known to the public before the filing date of the later application, the later application does not have novelty; If there is a previous application with the same content before the filing date of the later application, and the earlier application was published by the Patent Office after the filing date of the later application, the later application does not possess novelty; If the earlier application is not published or announced because it is withdrawn, deemed withdrawn or rejected, it cannot be used to evaluate the novelty of the later application. Therefore, if the later application does not have novelty, it does not meet the conditions for granting a patent right. In the actual examination, an application for a patent for invention will not be granted a patent right if it is not novel; As for the application for a patent for utility model, because our country adopts the preliminary examination system, it does not conduct retrieval and substantive examination, so there are cases in which a later application with the same content without novelty is granted a patent right, but such a patent right is unstable. Even if it is granted a patent right, there is still the possibility that it will be declared invalid after authorization. Legal objectivity:
Patent application is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy. All inventions and innovations with patent conditions should apply for patents as early as possible in order to obtain legal protection from the state. To apply for a patent, you must submit the necessary application documents to China National Intellectual Property Administration in accordance with the regulations. To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request, a picture or photograph of the design, a brief description and other documents shall be submitted. Patent application documents can be written by the applicant himself or by others. The requirements for applying for a patent are as follows: 1. Not violating national laws and natural laws; 2. According to the provisions of the Patent Law of the People's Republic of China, the contents and technical fields in which the patent right is not granted: a. Scientific discovery; B. rules and methods of intellectual activities; C. diagnosis and treatment of diseases; D. animal and plant varieties; E. substances obtained by nuclear transformation. However, the production method of the products listed in Item 4 of the preceding paragraph may be granted a patent right in accordance with the Patent Law of the People's Republic of China. 3. Inventions and creations applying for patents for inventions and utility models shall meet the requirements of novelty, creativity and practicality.