What are the substantive conditions for granting a patent
Article 22 of the "Patent Law" stipulates that inventions and Utility models for which patent rights are granted shall possess novelty, creativity and practicality . Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has the same invention or utility model been published by others. An application has been filed with the Patent Administration Department of the State Council and recorded in the patent application documents published after the application date.
Creativity means that the same has been done before the filing date Compared with other technologies, the invention has outstanding substantive features and significant progress, and 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. Therefore, novelty, creativity and practicality are the substantive conditions for granting patent rights for inventions and utility models.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
