Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability.
Novelty means that,the invention or utility model does not form part of the prior art;nor has any entity or individual filed previously before the date of filing with the patent administration department under the State Council an application relating to the identical invention or utility model disclosed in patent application documents published or patent documents announced after the said date of filing.
Inventiveness means that, as compared with the technology existing before the date of filing the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
Practical applicability means that the invention or utility model can be made or used and can produce effective results.
Any design for which a patent is granted shall not be attributed to the existing design, and no entity or individual has, before the date of application, filed an application with the patent administrative department of the State Council on the identical design and recorded it in the patent documents published after the date of application. As compared with the existing design or combination of the existing design features, the design for which a patent is granted shall have distinctive features. The patented design may not conflict with the lawful rights that have been obtained by any other person prior to the date of application.
