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What are the requirements for an invention to be granted a patent?
Release Time：
2015-11-24
Inventions and utility models for which patents are granted shall possess novelty, inventiveness and utility.
Novelty means that the invention or utility model does not belong to the prior art; nor has any unit or individual filed an application for the same invention or utility model with the patent administrative department under the State Council prior to the filing date, which has been recorded in the patent application document published or the patent document announced after the filing date.
Creativity means that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress.
Utility means that the invention or utility model can be manufactured or used and can produce positive effects.
A design for which a patent right is granted shall not be an existing design; no unit or individual has filed an application for the same design with the patent administrative department under the State Council prior to the filing date, and it is recorded in the patent document published after the filing date; it needs to be distinctively different from an existing design or a combination of features of an existing design; and it shall not be in conflict with the lawful rights of others that have already been acquired prior to the filing date. .
An invention for which a defense patent is granted shall possess novelty, inventiveness and utility.
Source: Beijing 12330
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