Granting stipulated in the Patent Law What are the conditions for patent rights
1. Inventions and utility models
Inventions and utility models for which patent rights are granted must be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the existing technology, and there is no other entity or individual with the same invention or utility model on the filing date. An application has been submitted to the Patent Administration Department of the State Council before, and it shall be recorded in the patent application documents or announced patent documents published after the application date. Existing technology refers to technology that is known to the public at home and abroad before the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. . Substantive features refer to the technical solution being non-obvious to those skilled in the art. Significant progress means that the invention has beneficial technical effects.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects. Its inherent meaning is: first, it must be able to be manufactured or used in industry; second, it must be able to be applied to solve technical problems; finally, it must have positive effects.
2. Design
The design for which patent rights are granted shall be novel, be distinctive and do not conflict with the prior legal rights of others.
Novelty means that the design should not belong to the existing design, and no unit or individual has reported the same design to the Patent Administration Bureau of the State Council before the filing date. The department has filed an application and it has been recorded in the patent documents published after the application date. Existing designs refer to designs that are known to the public at home and abroad before the date of application.
Difference means that the design for which a patent right is granted should be distinctive compared with existing designs or combinations of existing design features.There is a clear difference. Distinctiveness is a theoretical generalization. According to the provisions of the Patent Examination Guidelines, the subject of judgment of whether there is distinctiveness is the general consumer.
No conflict with prior legal rights means that the design granted patent rights must not conflict with the legal rights that others have acquired before the filing date.
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