The conditions are as follows:
1. Novelty is required, i.e., the design for which a patent is granted shall not be the same as or similar to a design which has been published in a domestic or foreign publication or has been in public use in the country before the date of application.
2, the need for utility, that is, the design granted a patent must be suitable for industrial application. This requires that the design itself, as well as the product which is the carrier, be capable of being reproduced in an industrial manner, i.e., be capable of being mass-produced in industry.
3, need to be rich in aesthetic sense, that is, the design must be rich in aesthetic sense. Sense of beauty refers to the design from the visual perception of the pleasant feeling, and product function is not necessarily related to the advanced. Aesthetics of the design in the expansion of product sales has an important role.
4, shall not conflict with other people's prior legal rights, prior rights include trademarks, copyrights, enterprise name rights, portrait rights, the right to use the unique packaging and decoration of well-known goods. The "prior acquisition" means that the design is acquired before the application date or priority date.
Expanded Information:
Conditions for Granting a Patent
To obtain a patent for an invention, it is necessary to satisfy both substantive and formal conditions. Substantive conditions refer to the attributes of the invention for which a patent is sought, and are divided into positive and negative conditions. Formal conditions refer to the patent application for invention creation in the application documents and procedures and other procedural requirements. The conditions for granting a patent referred to herein only refer to the substantive conditions for granting a patent.
Positive Conditions
Invention or Utility Model
(1) Novelty
Novelty means that the same invention or utility model has not been published in domestic or foreign publications, used publicly in the country or otherwise made known to the public before the date of filing.
Nor has the same invention or utility model been applied for by another person to the patent office and recorded in the patent application documents published after the filing date. The invention or utility model for which a patent application is filed meets the criterion of novelty, must be different from the prior art, and must not appear to conflict with the application.
1. Prior art. Prior art is technology that has been disclosed before the date of application. The technology is disclosed in three ways:
CD-ROMs, photographic negatives, and so on. Public disclosure of technical information means that the content of the technology is disclosed to the unspecified relevant public who are not under an obligation of confidentiality. The degree of disclosure is based on the extent to which it can be implemented by a person of general skill in the technical field to which it belongs.
2. Competing applications. Conflicting application means an invention or utility model for which a patent has been applied for, before the date of application, there has been the same invention or utility model by another person has filed an application with the Patent Office, and recorded in the invention or utility model after the date of filing the patent application documents published. The first application is known as the offsetting application of the later application. A contradictory application destroys novelty and prevents the patent from being granted repeatedly.
3. Disclosure not considered as loss of novelty. The invention, utility model and design for which a patent application is filed shall not lose novelty if one of the following circumstances exists within six months prior to the date of filing:
(ii) Creativity
Creativity means that the invention has outstanding substantive features and significant progress, and that the utility model has substantial features and progress, when compared with the technology existing prior to the date of filing.
The invention or utility model for which a patent is filed must be substantially different in the composition of the technical scheme compared with the technology existing before the filing date, and must be the result of creative thinking activities, and cannot be the result of the existing technology that can be obtained naturally through simple analysis, induction and reasoning. The creativity of an invention is more demanding than that of a utility model. The judgment of creativity is based on the knowledge and judgment of the ordinary technical personnel in the field to which it belongs.
(C) utility (utility)
Utility means that the invention or utility model can be manufactured or used, and can produce positive effects. It has two meanings:
First, the technology can be manufactured or used in industry. Industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation, and services. Manufacturing and utilization in industry means implementability and reproducibility.
Secondly, it must be able to produce positive effects, i.e., compared with the existing technology, the invention or utility model for which a patent is applied can produce better economic or social benefits, such as increasing the number of products, improving the quality of products, increasing the functionality of products, saving energy or resources, and preventing environmental pollution.
(d) Other conditions
For example, the specification needs to be sufficiently open to the technology for which the patent is applied. For details, you need to refer to the latest Patent Law and Implementing Regulations.
Negative conditions
1. Inventions and creations that violate the law, social morality or jeopardize public **** interests. National law means a law enacted and promulgated by the National People's Congress or the Standing Committee of the National People's Congress in accordance with legislative procedures. It does not include administrative rules and regulations. Where the purpose of the invention-creation itself is contrary to the national law, no patent can be granted.
For example, devices, machines or instruments used for gambling; drug-addicted paraphernalia, etc. cannot be granted patents. This is not the case where the purpose of the invention or creation itself is not contrary to the law of the land, but where it is contrary to the law of the land because it has been misused.
2. Scientific Discovery. It refers to the revelation of objectively existing phenomena in nature, the process of change and its characteristics and laws. Scientific theories are summaries of the understanding of nature and are discoveries in a broader sense.
They all belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical solutions for transforming the objective world and are not inventions in the sense of the Patent Law, and therefore cannot be granted patents.
3. Rules and methods of intellectual activity. Intellectual activity, refers to the movement of human thinking, it originates from human thinking, after reasoning, analysis and judgment to produce abstract results, or must be through the movement of human thinking as a medium to indirectly act on nature to produce results, it is only to guide people to think about the information, identification, judgment and memory of the rules and methods.
Because it does not adopt technical means or utilize the laws of nature, and does not solve technical problems and produce technical effects, it does not constitute a technical solution. For example, rules for traffic movement, grammar of various languages, shorthand algorithms or mnemonics, methods of psychological testing, rules and methods of various games and amusements, musical scores, recipes, chess games, computer programs per se, and the like.
4. Methods of diagnosis and treatment of diseases. It is the process of identifying, determining or eliminating the cause and focus of the disease with a living person or animal as the direct object of implementation.
The exclusion of diagnostic and therapeutic methods of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons, and doctors should have the freedom to choose various methods and conditions in the diagnostic and therapeutic process.
In addition, this kind of method directly to the living human body or animal body as the implementation of the object, the theory that does not belong to the industry, can not be utilized in the industry, does not belong to the patent law in the sense of the invention and creation. Examples include pulse diagnosis, psychotherapy, massage, various immunization methods for disease prevention, and cosmetic surgery or weight loss for therapeutic purposes. But drugs or medical devices can be patented.
5. Animal and plant varieties. However, the method of production of animal and plant varieties can be patented in accordance with the granting of patents.
6. Substances obtained by means of atomic nuclear transformation.
7. The design of a flat printed matter with a pattern, color or a combination of the two, which mainly serves the purpose of identification.
Baidu Encyclopedia - Design
Baidu Encyclopedia - Patents