Can a patent with novelty, practicality, and no inventive step be patented?

Utility model patents and invention patents must have three characteristics, invention patents do not have inventiveness, indicating that the technical solution of your invention patent is not prominent, and there is no major technical improvement.

Unless you have a statement of opinion on the issue, it is possible that the invention will be granted.

The degree of inventive step examination is not the same as that of a patent for invention and a utility model, so you can obtain a patent for a utility model, that is, to apply for a priority application.

You can now use the priority right to apply for a utility model patent, and at the same time make a statement of opinion on your invention patent, and in the case that the invention patent is not guaranteed to be granted for the time being, the utility model patent will be guaranteed to be licensed.

The examiner will decide whether the invention overcomes the inventive step problem based on your opinion statement of the situation, and the general inventive step problem is easy to solve, as long as you can find some evidence to illustrate.

The basic conditions for patent grant are novelty, inventiveness and practicability, among which inventiveness is the highest requirement and the focus of patent examination.

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

Rule 22 Inventions and utility models 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.

Utility means that the invention or utility model 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.

Yours is an international application, and some countries only grant invention patents.

But some poor countries have also acquired this patent.

It is recommended not to apply for patents in the United States, Japan, or Europe.

Summary. Hello, whether a patent with novelty but no inventive step is valid depends on the actual situation; The patent must meet the requirements of novelty, inventiveness and practicality, that is to say, the above three conditions must be met in order for the patent right to be stable.

Is a patent valid if it is novel, but not inventive?

Hello, there is a new volume, but whether the patent without inventiveness is valid depends on the actual situation; The patent must be full of novelty, inventiveness and practicability, that is to say, the above three conditions must be met in order for the patent right to be stable.

Hello, although the novelty of the Linghong guess is a necessary condition for a patent, the validity of a patent also depends on inventive step. If a patent is only a minor improvement on a known technology, lacking originality and inventive step, then it may be considered invalid. Therefore, the validity of a patent needs to be evaluated on the basis of its inventive step and practical application.

Hello, according to Article 22 of the Patent Law of the People's Republic of China, the invention and utility model for which a patent is granted shall be novel, inventive and numerical and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual author 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 published after the filing date or the published patent documents.

Summary. Dear Sorry to keep you waiting, I'm happy to answer for you, there is novelty, but no inventive patent is valid: no one proposes is valid, the patent must meet the novelty, inventiveness and practicality, that is to say, the above three conditions must be met The patent is stable, the utility model is authorized without substantive examination, that is, when granting, as long as you look at the form and qualified, the qualified will be authorized, as for the satisfaction of not meeting the above three conditions, no substantive examination will be conducted, If you think that this authorization is inappropriate, you need to invalidate it, and you need to invalidate it now.

Is a patent valid if it is novel, but not inventive?

Sorry to keep you waiting, I'm happy to answer for you, there is novelty, but no inventive patent is valid: no one proposes is valid, the patent must be full of novelty, inventiveness and practicability, that is to say, the above three conditions must be scattered to meet the spring chain to meet the patent right is stable, utility model authorization does not go through substantive examination, that is, when authorizing, as long as you look at the form and qualified, qualified will be authorized, as for not meeting the above three conditions do not carry out substantive examinationIf you think that this authorization is inappropriate, you need to invalidate it, and you need to invalidate it now.

Expand your knowledge: you apply for a search by the patent office, and the examiner says that there is no inventiveness, in this case, you can generally successfully invalidate the patent right, but when the invalidation trial is conducted, it is the collegial group of the reexamination board, not the examiner, so the final result cannot be exactly the same, the key depends on the height of this creativity, for this creativity, there is no strict unified standard, and there will be a little difference in the eyes of the examiner who does not hold the same thing. That is to say, for the same case, different examiners may give Xunpei different review results, but the probability of this is not very large, but it is indeed hoped that it will help you <>

Legal analysis: 1. It is exhibited for the first time at an international exhibition hosted or recognized by China**; 2. Published for the first time at a prescribed academic conference or technical conference; 3. Others leak their contents without the consent of the applicant.

Legal basis: Article 24 of the Patent Law of the People's Republic of China Article 24 The circumstances under which the invention or creation for which a patent application is made shall not lose its novelty shall be as follows: 1. It is exhibited for the first time at an international exhibition sponsored or recognized by the People's Republic of China; 2. Demolition of the first publication at the prescribed academic conference or technical conference; 3. Others leak their contents without the consent of the applicant.

Novelty is different from all the technologies that have been disclosed or have not been disclosed in the CNIPA application, and they are new technical solutions, and they can be compared separately; Inventiveness, on the other hand, is relative to the prior art, which must not only have points of distinction, but also have substantial characteristics and significant progress in these points of distinction.

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 it in the patent application documents or published patent documents published after the filing date.

The procedure for applying for a patent is as follows:

1. Patent application: To apply for a patent, the applicant shall first submit a patent application to the State Intellectual Property Office, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations. At the same time, the patent application can be in written form or electronic form;

2. Acceptance by the Patent Office: After the applicant submits the patent application, the Patent Office determines the patent application date, assigns the application number, and issues a notice of acceptance;

3. Preliminary examination: After the patent office accepts the application, it will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be published within 18 months from the filing date;

4. Substantive examination: If the preliminary examination of the invention patent is qualified or the application for supplementary certificate is qualified, the patent office will start the substantive examination of the patent application and then conduct a rough examination, and the substantive examination is mainly to evaluate the novelty, inventiveness, practicability and so on of the patent, and if the substantive examination is qualified, the patent office will grant a patent to the invention patent applied for; If it is unqualified, the applicant shall amend the application documents accordingly, grant the patent right if it is qualified, and reject the patent application if it is not qualified;

5. Grant of patent right: The applicant needs to go through the registration procedures after receiving the notice of grant of patent right. The applicant shall pay the patent registration fee, the annual fee and the printing fee for the publication within the prescribed time limit, and shall also pay the stamp duty on the patent certificate.

[Legal basis].

Patent Law of the People's Republic of China

Article 33 The applicant may amend the patent application documents, but the amendments to the patent application documents for invention and utility model shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original or the original expression.