What are the criteria for determining novelty when granting patent rights?
(1) Disclosure standard; 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, determine whose invention is novel. , there is an issue of time standard, which is the second standard for determining whether an 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; Mainly refers to inventions or utility models that are not publicly known and publicly available in 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, national 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 inventions subject to patent applications createNovelty will not be lost if the invention is made within six months before the application date and falls under any of the following circumstances: first, it is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government; second, it is exhibited at a prescribed academic conference or technical conference. published for the first time; third, others leaked its contents without the applicant's consent.
It is worth noting that the patent laws of various countries have different provisions on the exception to the loss of novelty. The grace period without loss of novelty stipulated in my country's patent law as mentioned above is not recognized in most countries. Moreover, this grace period in China is not a priority given to the applicant. Therefore, in order to be sure, you should try your best to After completing the invention, file a patent application as soon as possible.
Legal basis:
"Patent Law of the People's Republic of China"
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; there is no prior patent application by any unit or individual for 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.
Article 24 If an 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:
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(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;
(2) Published for the first time at a prescribed academic conference or technical conference;
(3) Others leak the content without the applicant's consent.
In summary, the above is the relevant legal content compiled by the editor for everyone. If you have more patent issues or legal consultation, you are welcome to go to the Legal Savior Network to seek professional lawyers. help.
