There are many conditions that need to be met to obtain authorization for inventions and creations, including whether the invention and creation are patentable objects, whether the disclosure of the specification is sufficient, whether the claims are clear, supported by the specification, whether they have singularity, whether the technical solution being protected has novelty, creativity, and practicality, whether the modifications to the application documents exceed the scope, and so on. Among them, novelty, creativity, and practicality are substantive conditions for obtaining patent rights.
The requirements for invention patents and utility model patents in China's Patent Law are novelty, creativity, and practicality, which are the so-called 'three property' standards.
1. Novelty
Novelty refers to the invention or utility model not belonging to the existing technology; No unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the application date, and it is recorded in the patent application documents or published patent documents after the application date.
The time standard for novelty in our country is determined by the application date. Any invention or creation that has been completed and published by others or by the inventor himself before the application date (excluding that date) will lose its novelty and cannot be patented again if the substantive content of the invention or creation is disclosed at a press conference, scientific research appraisal meeting, or exhibition.
2. Creativity
Creativity refers to the outstanding substantive features and significant progress of the invention compared to existing technology, and the utility model has substantive features and progress.
(1) The prominent substantive features and significant progress of invention patents.
The "prominent substantive features" refer to the obvious essential differences between the invention and the prior art, which are not obvious to ordinary technical personnel in the technical field to which the invention belongs. They cannot directly derive all the necessary technical features that constitute the invention from the prior art, nor can they obtain them through logical analysis, reasoning, or experimentation.
Significant progress "refers to the significant progress made in the technical effects of an invention compared to existing technologies. It is manifested in the invention solving technical problems that people have been eager to solve but have not yet succeeded in, overcoming technical biases, proposing a new research route, achieving unexpected technical effects, and representing a new technological trend.
(2) Substantive characteristics and progress. For utility model patents, their creativity standard is lower than that of inventions, as long as they differ from existing technologies and have progress, they can be considered to have creativity.
3. Practicality
Practicality refers to the ability of the invention or utility model to be manufactured or used, and to produce positive effects.
(1) Industrial practicality
The industry here is a broad concept, which includes various industries such as agriculture, mining, forestry, aquaculture, transportation, and transportation. An invention or utility model has industrial applicability as long as it can be manufactured or used in any industrial sector.
(2) Repeatability and reproducibility
This refers to technical personnel in the relevant technical field who can repeatedly implement the technical content in the patent application based on the publicly available application documents. This repeated implementation does not rely on any random factors and the implementation results are the same.
The overall architecture of the Wuhan Yangtze River Bridge, which is based on specific geographical locations, does not have reproducibility.
(3) Beneficial
After the implementation of patented technology, it should be able to produce positive effects and have good technical, economic, and social benefits.