What are the criteria for judging the novelty of utility models?

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What are the criteria for judging the novelty of utility models

The invention or utility model does not belong to the prior art; no unit or individual has filed an application with the Patent Administration Department of the State Council for the same invention or utility model before the filing date, and records the patent applications published after the filing date. documents or published patent documents.

"Patent Law"

Article 22: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.

Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has any prior knowledge of the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application 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. .

Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.

The prior art referred to in this Law refers to the technology that was known to the public at home and abroad before the filing date.

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