1. 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". The so-called "outstanding substantive features" means that the invention has obvious essential differences compared with the prior art, which is not obvious to ordinary technicians in the technical field to which the invention belongs. He can't get all the necessary technical features of the invention directly from the existing technology, nor can he get it through logical analysis, reasoning or experiment. If the present invention can be obtained in the above manner, it does not have outstanding substantive features. The so-called "remarkable progress" means that from the technical effect of the invention, it has made great progress than the existing technology. Specifically, it includes: (1) The invention has solved the technical problems that people have been eager to solve, but have not been successful; (2) the invention overcomes the technical prejudice; (3) The invention has achieved unexpected technical effects; The invention was a commercial success.
2. To judge whether the utility model for which a patent is applied meets the creative standard, and the requirement is lower than the invention patent, as long as the utility model has substantial characteristics and progress, it does not require "outstanding" or "remarkable".