What Conditions Do Entrepreneurs Need To Apply For Patents?
China's patent law stipulates that inventions and utility models that grant patents must have novelty, creativity and practicality. That is what is usually referred to as the "three characteristics" of patents.
(1)新穎性
Novelty refers to the fact that no identical inventions or utility models have been publicly published in the publications at home and abroad before the date of application. They have been publicly used in China or otherwise known to the public. Nor have the same inventions or utility models been submitted by others to the patent office and recorded in the patent application documents published after the date of application.
(2)創(chuàng)造性
Creativity refers to the fact that the invention has outstanding substantive characteristics and notable progress compared with the technology already available before the date of application. The utility model has substantive characteristics and progress. .
(3)實(shí)用性
Practicality refers to an invention or utility model that can be applied in industry or industry. In accordance with the provisions of the patent law, utility refers to the invention or utility model that can be manufactured or used, and can produce positive results.
這包括三個(gè)方面的含義:
(1) to produce positive social effects is to point out that the invention or utility model is not harmful to society after its implementation, and does not cause harm to human existence, safety and environment, and does not harm social public morality.
(2) it can produce positive technical effect, which means that the invention or utility model of patent application is conducive to promoting the development of science and technology after being implemented.
(3) it can produce positive economic effect, which means that after the invention or utility model is applied, it can bring good economic benefits to the inventor or patenor or the state.
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