Application conditions of invention patent right

The conditions for granting patent right include two aspects: formal conditions and substantive conditions. Formal conditions refer to the format stipulated in the Patent Law and its detailed rules for implementation, which shall be recorded in the patent application documents in writing, and all necessary procedures shall be performed in accordance with legal procedures. Substantive conditions mean that inventions and utility models that have been granted patent rights should have: 1) novelty: an invention-creation with novelty should meet the following three conditions: ① No similar invention-creation has been published in domestic and foreign publications before the filing date. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records. ② It has not been publicly used in China, or is known to the public in other ways. The so-called public use refers to the sale in the form of commodities, or the dissemination, application and even public knowledge through television and radio. (3) Before the filing date of the application, no similar invention or utility model was filed with the Patent Office by others, and it was recorded in the patent application documents published later. (2) Creativity means that, compared with the existing technology, the invention-creation for which a patent is applied has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. (3) Practicality Practicality means that the invention can be manufactured in batches in industries such as industry and agriculture, or can be applied in industry or life, which can produce positive effects and increase economic benefits. According to the provisions of the Patent Law, a design that has been granted a patent right should be different from or similar to a design that has been published in publications at home and abroad or publicly used in China before the filing date.