We know that Patent applications are subject to regulations, so what are the conditions for granting a Patent? Below follow the legal savior Xiaobian to see, I hope to help you.
What are the conditions for granting a patent
The patent right for invention or Utility model granted shall possess novelty, creativity and practicality. Novelty means that the same invention or utility model has not been publicly published in domestic or foreign publications before the date of filing, or has been publicly used in domestic or foreign countries, or has otherwise been demonstrated to the public and is known to the public. At the same time, no application for the same invention or utility model has ever been filed by another person with the patent administration department under The State Council and has been recorded in the patent application documents published after the filing date. Creativity means that, compared with the technology existing before the date of filing, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Legal savior
Utility means that the invention or utility model can be manufactured and used, and can produce a positive effect.
The grant of a patent right for a Design shall conform to the requirement that it is not identical with or similar to any design that has been publicly published in a publication at home or abroad or has been publicly used at home or abroad before the date of filing, and shall not conflict with the lawful rights and interests previously obtained by others.
Article 24 of the Patent Law of the People's Republic of China stipulates that "an invention-creation for which a patent is applied for does not lose its novelty if, within six months before the date of filing, any of the following occurs:
(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government;
(2) It is first published at a prescribed academic or technical conference;
(3) Disclosure of its contents by others without the consent of the applicant.
The above is the answer to the relevant questions. If you need to further understand the knowledge of the law, welcome to the legal savior for legal advice.
