1. Only inventions, utility models and designs can apply for a patent;
2. Inventions and utility models for which patent rights are granted shall be novel, creative and practical;
3. Meet the formal requirements stipulated by law and perform various formalities.
legal basis
article 2 of the patent law of the people's Republic of China, which came into effect on June 1, 221
inventions mentioned in this law refer to inventions, utility models and designs.
Article 22
Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date.
creativity means that compared with the prior art, 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.
the existing technology mentioned in this law refers to the technology known to the public at home and abroad before the filing date.