To grant patent rights for inventions and utility models, they must have Novelty, creativity, and practicality. Novelty means that before the filing date, the same invention or utility model has not been publicly published in domestic or foreign publications, or has been publicly used at home or abroad, or has been demonstrated to the public in other ways, and has become known to the public. There is no application for the same invention or utility model submitted to the Patent Administration Department of the State Council by others and recorded in the patent application documents published after the application date. Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured and used and can produce positive effects. The grant of a design patent right shall be consistent with the fact that it is not identical or similar to the design that has been publicly published in domestic and foreign publications or publicly used at home and abroad before the filing date, and shall not conflict with the legitimate rights and interests previously obtained by others.
Article 24 of the "Patent Law of the People's Republic of China" stipulates that "novelty will not be lost if an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date:
1. Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;
2. Published for the first time at a prescribed academic conference or technical conference;
3. Others leak the content without the consent of the application.
