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What are the substantive conditions of an invention patent?

Publishing website: Issued on: February 21, 2023 16:09:22
The substantive conditions for granting a patent right for invention refer to the conditions that an invention must have in substance to obtain a patent right, that is, the conditions that an invention itself should have, as opposed to the formal or procedural conditions for granting a patent right for invention. After an invention is made, even if it meets the requirements in terms of object, subject and substantive conditions, it must also meet the formal and procedural conditions in order to obtain patent protection. The following is a detailed explanation of:

1、 What are the substantive conditions of invention patent

1. The invention patent is the protection of the method and product structure for preparing the product, that is, the method and structure are the objects of the invention patent protection; The object protected by the utility model is only the structure of the product.

2. Invention and utility must possess the three characteristics of patent: creativity, novelty and practicality.

3. Whether an invention or utility model is granted is related to the advancement of the patented technology. If there is a strong advancement, an invention patent can be applied for. If there are only some minor changes, and the inventiveness of the patent is not obvious, it is not recommended to apply for an invention patent, but it can be considered to apply for a utility model.

2、 Substantive conditions for granting invention patent right

1. Novelty means that the invention or utility model for which a patent is applied does not belong to the prior art, and the design for which a patent is applied is not identical or similar to the existing design.

2. Creativity means that the invention or utility model for which a patent is applied is progressive and advanced compared with the existing technology of the same type.

3. Practicality means that an invention or utility model must be applicable to practical purposes and can produce positive effects.

The substantive conditions for an invention or utility model to be patented are novelty, inventiveness and practicality. Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right of the invention creator or his transferee to exploit a specific invention creation within a certain period of time.

The substantive conditions for granting a patent right for invention refer to the conditions that an invention must have in substance to obtain a patent right, that is, the conditions that an invention itself should have, as opposed to the formal or procedural conditions for granting a patent right for invention. The patent laws of modern countries all recognize that an invention can obtain a patent only if it meets the three substantive conditions of novelty, creativity and practicality (referred to as "three properties" for short). China's patent law also clearly stipulates that the invention for which a patent is applied must have three characteristics before it can be granted a patent. The three conditions are usually called patentability conditions or patentability conditions. However, some people also call the patentability condition whether the invention applied for a patent belongs to the protected object.

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