Inventions and creations that obtain patent rights must be novel, creative and practical.
Novelty means: 1. Before the patent application is submitted to the patent office, the same invention has not been published in domestic or foreign publications. ②. It has not been used publicly in the country or is otherwise known to the public. ③. Before the filing date of the application, no other person had proposed the same invention or utility model to the Patent Office and recorded it in the patent application documents published later.
Creativity means: compared with the existing technology before the filing date of the patent application, the invention has outstanding substantive features and significant progress. The utility model has substantial features and significant progress.
Practiceability means: the invention and creation for which a patent is applied for can be manufactured in the production of industry, agriculture and other industries, or can be applied in industry or life, and can produce positive effects.
The Patent Law stipulates that the design for which a patent right is granted must be different from and similar to designs that have been publicly published in domestic and foreign publications or publicly used domestically before the filing date.
No comments yet. Say something...