What are the three properties of patents?

The three characteristics of a patent are that inventions and Utility models granted patent rights need to have novelty (i.e., they do not belong to the existing technology) and creativity (i.e., the invention has outstanding substantive features and significant progress, or the utility model has substantive features and progress). ) and practicality (that is, sufficient to manufacture or use and produce positive effects). Regarding the question of what are the three properties of a patent, the editor of Legal Savior Network will give you a detailed answer below.

1. What are the three properties of patents

1. What are the three properties of patents? For inventions and utility models to be granted patent rights, they must have novelty (that is, they do not belong to the prior art), creativity (that is, the invention has outstanding substantive features and significant progress, or the utility model has substantive features and progress) and practicality. (i.e. enough to be manufactured or used to produce a positive effect).

2. Legal basis: "Patent Law of the People's Republic of China"

Article 5 Patent rights will not be granted for inventions that violate laws, social ethics or harm public interests.

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 applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to the technology that is known to the public at home and abroad before the filing date.

2. How to compensate for patent infringement

1. my country’s Patent Law stipulates: “The amount of compensation for patent infringement shall be as follows: The losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement are determined.

2. If it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they shall be reasonably determined by referring to the multiple of the patent license fee."

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