According to the Patent Law of People's Republic of China (PRC)
Article 1 This Law is formulated for the purpose of protecting the patent right of invention and creation, encouraging invention and creation, facilitating the popularization and application of invention and creation, promoting the development of science and technology and meeting the needs of socialist modernization.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Chapter II Conditions for Granting Patent Rights
Article 22 An invention or utility model for which a patent right is granted shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical 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.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Extended data
No patent right shall be granted for the following items:
First, scientific discovery;
Second, the rules and methods of intellectual activities;
Third, the diagnosis and treatment of diseases;
4. Food, beverages and condiments;
5. Drugs and substances obtained by chemical methods;
Six, animal and plant varieties;
7. Substances obtained by nuclear transformation.
The production methods of the products listed in Items (4) to (6) of the preceding paragraph may be granted patent rights in accordance with the provisions of this Law.
reference data
China People's Congress Network-People's Republic of China (PRC) Patent Law