What are the requirements for patent granting? 10

Although patent laws vary from country to country, China and many countries strictly require that an invention-creation used for patenting must meet three conditions: practicality, novelty and inventive step. Novelty:

It means that the invention or utility model does not belong to the prior art, and no unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents or published patent documents published after the application date. Inventive step: refers to the invention with outstanding substantive features and significant progress compared with the existing technology before the filing date, and the utility model has substantial features and progress.

The judgment of inventive step is more concerned with the non-obviousness of the technology, although an invention has novelty, it does not necessarily have an inventive step. Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.

An invention-creation that is practical should be capable of being manufactured or used, i.e., it should be implementable. Legal basis: Article 22 of the Patent Law of the People's Republic of China for which a patent right is granted shall be novel, inventive and practical.

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 administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress. Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

Conditions for granting various types of patent rights.

1. Conditions for granting utility model patents.

1.According to the provisions of the Patent Law, inventions and utility models for which a patent is granted must be novel, inventive and practical, i.e., the so-called "three natures" of patents. This is a guideline commonly adopted in the patent laws of all countries and is also recognized by the Agreement on Intellectual Property Related Aspects (TRIPS) of the World Organization.

2. Conditions for the grant of design patents.

1.The design should be novel.

2.The design should be inventive.

3.It must not conflict with the prior legal rights of others.

3. Conditions for granting invention patents.

1. According to the provisions of Article 22 of this Law on the novelty of inventions and utility models, it is a basic principle that if an invention for which a patent is applied for has been disclosed before the filing date, it loses its novelty and cannot obtain a patent. However, this basic principle is not absolute, and there are exceptions. The patent laws of many countries stipulate that within a certain period of time before the filing date, the disclosure of the invention and creation under certain specific circumstances may not lose the novelty, that is, the so-called disclosure without loss of novelty.

This article is the provision of China's Patent Law on disclosure without loss of novelty. 2. The time limit for disclosure without loss of novelty is within six months before the filing date. This period is also known as the grace period, i.e., the application does not lose its novelty if the circumstances provided for in this Law occur within six months before the filing date.

If a patent application is filed after this period, it is no longer novel and should not be granted a patent.

3. There are three types of circumstances under which novelty is not lost: 1It is exhibited for the first time at an international exhibition sponsored or recognized by China**.

It includes two meanings: one is that it must be an international exhibition hosted or recognized by China. Second, it must be an international exhibition, that is, in addition to the products of the host country, the exhibits on display should also have exhibits from foreign countries.

2.It is first published at a prescribed academic conference or technical conference. No loss of novelty.

3.Others leak their content without the applicant's consent.

Legal Analysis:1The invention of Youlingsui is novel.

This refers to the fact that the invention and creation are good before applying for a patent, and the same invention or utility model creation has not been publicly published or publicly used by Wang Kuanshang in domestic and foreign publications, and there is no situation where others have not filed a patent application with the national patent administration department and issued patent application documents. 2.The invention has inventive step, and the so-called inventive step means that the new invention has more prominent characteristics and progress than the existing related technology, or that the invention is a completely new field.

3.The utility of an invention-creation means that the invention-creation can be used in manufacturing and can produce positive effects.

Legal basis: Paragraph 1 of Article 22 of the Patent Law of the People's Republic of China states that inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Patent refers to the patent right enjoyed by the patentee for the invention and creation, that is, the state grants the invention creator or his successor the right to use the invention and creation exclusively within a certain period of time in accordance with the law.

1. Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

2. Novelty means that the same invention or utility model has not been published in domestic or foreign publications, publicly used in China or otherwise known to the public before the filing date, and the same invention or utility model has not been applied to the Patent Office by another person and recorded in the patent application documents published after the filing date.

3. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the existing technology before the filing date, and the utility model has substantive features and progress.

4. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

That's all for you on what you need to meet for a patent grant.