What kind of invention can be patented (the basic feature of patent)?
Patented inventions must be novel, creative and practical.
Novelty means: 1 Before submitting a patent application to the Patent Office, no identical invention was published in domestic and foreign publications. 2. It has not been publicly used in China, or is known to the public in other ways. 3. Before the filing date of the application, no identical invention or utility model was filed with the Patent Office by others and recorded in the later published patent application documents.
Creativity means that the invention has outstanding substantive features and remarkable progress compared with the prior art before the filing date. The utility model has substantial characteristics and remarkable progress.
Practicality means that the invention and creation for which a patent is applied can be manufactured in the production of industries such as industry and agriculture, or can be applied in industry or life, and can produce positive effects.
According to the Patent Law, a design that has been granted a patent right should be different from and not similar to a design that has been published in domestic and foreign publications or used in China before the filing date.