I. Conditions for granting a patent for utility model
1. According to the provisions of the Patent Law, inventions and utility models granted patent rights must be novel, creative and practical, that is, the so-called "three characteristics" of patents. This is a norm generally adopted by patent laws in various countries, and it is also a norm confirmed by the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization.
Second, the conditions for granting the patent right for appearance
1. The design should be novel.
2. The design should be creative.
3. It shall not conflict with the legal rights previously obtained by others.
Three. Conditions for granting invention patents
1. According to the provisions of Article 22 of this Law on the novelty of inventions and utility models, it is a basic principle that an invention for which a patent is applied will lose its novelty and cannot be patented if it has been made public before the filing date. But this basic principle is not absolute, and there are exceptions. The patent laws of many countries stipulate that inventions can be made public without losing novelty within a certain period before the filing date, that is, the so-called publicity without losing novelty. This article is the disclosure of not losing novelty in China's patent law.
2. The publication period without loss of novelty is within six months before the application date. This period is also called grace period, that is, within six months before the date of application, if the circumstances stipulated in this law occur, the application will not lose its novelty. If you file a patent application after this time limit, it will no longer be novel and should not be granted a patent right.
Three, do not lose novelty, the provisions of this article have three points:
1. It was exhibited for the first time in an international exhibition sponsored or recognized by the government of China. Including two meanings: First, it must be an international exhibition sponsored or recognized by the China government. Second, it must be an international exhibition, that is, in addition to the products of the host country, there should also be foreign exhibits.
2. First published at a specific academic conference or technical conference. Don't lose the freshness.
3. Other contents are disclosed without the consent of the applicant.
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