How to determine the novelty of an invention or utility model

Now that science and technology have developed, more and more inventions or utility models have been developed, which have brought changes not only to society but also to everyone's life. Our country also has measures to protect the Novelty of inventions. So, how to legally judge the novelty of an invention or utility model? In response to this question, the editor of Legal Savior Network has compiled the following content to answer your question. I hope it will be helpful to you.

How to judge the novelty of an invention or utility model

Novelty is It means that the invention or utility model does not belong to the current technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and records the patent application documents or announcements published after the application date. in patent documents.

The first substantive condition for whether an invention or utility model can be granted a patent right is to determine whether the patent application is novel. Before submitting a patent application, the applicant must conduct an extensive investigation into the novelty of his invention and create a correct judgment on whether it is novel or not, otherwise it may lead to identity or similarity.

(1) Before the patent application is submitted, the same invention has not been publicly published in domestic or foreign publications. Publications here include not only books, newspapers, magazines and other paper materials, but also audio and video materials such as audio tapes, video tapes and records;

(2) Before the patent application is submitted, it has not been publicly used in the country or otherwise known to the public. The so-called publicly used refers to sales in the form of goods, or dissemination and application through technical exchanges, etc., and even becoming known to the public through television and radio;

(3) Before the application was submitted, no other person had filed a patent application with the Patent Office for the same invention and creation, and it was recorded in the patent application documents published after the filing date. In addition, if the invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:

(1) In China Exhibited for the first time at an international exhibition sponsored or recognized by the government;

(2) In regulationsPublished for the first time at a designated academic conference or technical conference;

(3) Others leak the content without the applicant's consent.

Every inventor needs to understand this clearly in order to judge whether his invention has the novelty required by law and thus obtain legal protection. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.