How is the novelty of patent rights reflected
(1) Public standards. Whether it is disclosed or not is an important basis for distinguishing new and old inventions, new and old utility models, and for judging whether an invention or utility model is novel. The so-called disclosure mainly refers to three ways of disclosure: written disclosure, use disclosure and oral disclosure, that is, using the above methods to disclose the essential content of the invention or utility model to make it known to people. In actual operations, the review of whether an invention or utility model is novel often relies on literature search. Check whether the approved patents include the invention or utility model for which the patent is applied for, and check whether the published documents include the invention or utility model for which the patent is applied for.
(2) Time standard. The same invention or utility model can be created independently by two or more people. Then, there is a time criterion to determine whose invention is novel. This is the second criterion for determining whether the invention or utility model is novel. . Currently, countries around the world have two time standards: one is the date of invention standard. According to this standard, as long as the essential content of an invention or utility model has not been disclosed before the date of invention (it is publicly known and publicly available), it is novel; the other is It is the filing date standard. Any invention or utility model whose essential content has not been publicly known before the filing date is considered novel. Our country adopts the application date time standard. Article 9 of the Patent Law clearly stipulates that "if two or more applicants apply for patents for the same invention and creation, the patent right shall be awarded to the person who applied first."
(3) Regional standards. It mainly refers to inventions or utility models that are not publicly known and publicly available within the legal area, and can be confirmed as novel. Currently, there are three regional standards used by countries around the world to judge novelty, including absolute global regional standards, domestic regional standards and relative global regional standards.. my country's patent law adopts absolute global regional standards for written disclosure, while domestic regional standards are adopted for use disclosure or other disclosures. Taking into account the actual situation in real life, as well as the needs of scientific research and international exchanges, Article 24 of my country’s Patent Law also stipulates that if an invention-creation for which a patent is applied for falls under one of the following circumstances within six months before the filing date, No loss of novelty: first, it is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government; second, it is published for the first time at a prescribed academic conference or technical conference; third, its content is leaked by others without the applicant's consent. of.
The editor reminds you that the grace period without loss of novelty stipulated in my country's patent law is not recognized in most countries, and in China this The grace period is not a priority given to the applicant. Therefore, to be sure, a patent application should be filed as soon as possible after the invention is completed. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.