Problem description:
Two days ago, I gave a newly developed product to my colleagues in the patent department and asked them to apply for a patent. They replied that they were "not novel and creative" or something, but they couldn't apply anyway. What do you mean by "novelty" and "creativity"
Analysis:
I am glad to have some questions about intellectual property rights, and my personal views are as follows:
1. In layman's terms, there is no such technology or appearance for opening to the outside world.
2. Technically speaking, Article 22 of the Patent Law stipulates that novelty means that before the filing date, no identical invention or utility model was publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
3. Practicality: In practical work, as long as the same technology is not found in the existing "patent literature" and "textbooks and reference books", it can be said to be novel. Because other aspects can be refuted.
Evidence of your freshness is hard to obtain, such as online information.
I don't know if you understand this, but you can ask further questions if you have any questions.