1. It does not violate national laws, social ethics or hinder public interests.
2. It does not fall within the scope of not granting patent rights stipulated in Article 25 of the Patent Law.
3. Those applying for invention and utility model patents should have novelty, creativity and practicality.
Novelty means that before the filing date, the same invention-creation has not been publicly published in domestic and foreign publications, publicly used in China, or otherwise used in other ways. As far as the public is aware, no one has applied for the same invention or utility model to the Patent Administration Department of the State Council and recorded it in patent application documents published after the application date.
Creativity means that compared with the existing technology before the filing date, 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.
When applying for a design patent, it shall be different from and similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date. , and shall not conflict with the previously acquired legal rights of others.
What are the circumstances under which patent rights may be terminated before expiration?
(1) Failure to pay in accordance with regulations annual fee;
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council
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