The conditions are as follows:
1. Novelty is required, that is, the design for which the patent right is granted must have been publicly published in domestic and foreign publications or publicly used domestically before the filing date. The appearance designs are not the same or similar.
2. It needs to be practical, that is, the design for which patent rights are granted must be suitable for industrial applications. This requires that the design itself and the product as a carrier can be reproduced repeatedly in an industrial way, that is, it can be mass-produced in industry.
3. It needs to be aesthetically pleasing, that is, the design for which patent rights are granted must be aesthetically pleasing. Aesthetics refers to the pleasant visual perception of the design and is not necessarily related to whether the product function is advanced or not. Aesthetic appearance design plays an important role in expanding product sales.
4. It must not conflict with the legal rights previously obtained by others. The prior rights here include trademark rights, copyrights, corporate name rights, portrait rights, and the right to use unique packaging and decoration of well-known products, etc. “Earlier acquisition” means acquisition before the filing date or priority date of the design.
Extended information:
Conditions for granting patent rights
To obtain a patent right for an invention, the substantive conditions and formal conditions must be met. Substantial conditions refer to the attribute requirements that an invention-creation applying for a patent must possess, and are divided into positive conditions and negative conditions. Formal conditions refer to the procedural requirements for inventions and creations applying for patents in terms of application documents and procedures. The conditions for granting patent rights mentioned here only refer to the substantive conditions for granting patent rights.
Positive conditions
Invention or utility model
(1) Novelty (novelty)
Novelty refers to the invention before the filing date The same invention or utility model has not been publicly published in domestic or foreign publications, publicly used domestically, or otherwise known to the public.
There is no application for the same invention or utility model to the Patent Office by others and is recorded in the patent application documents published after the application date. In order for the invention or utility model to be patented to meet the novelty standard, it must be different from the existing technology and must not conflict with the application.
1. existing technology. Prior art is technology that has been published before the filing date. There are three ways to disclose technology:
CDs, photographic films, etc. Public disclosure of technical information refers to the disclosure of technical content to unspecified relevant public who are not obligated to maintain confidentiality. The degree of disclosure shall be subject to what a person of ordinary skill in the technical field can implement.
2． Conflict application. A conflicting application refers to an invention or utility model for which a patent is applied for. Before the filing date, another person has filed an application for the same invention or utility model with the Patent Office, and the patent application is recorded in a patent application published after the filing date of the invention or utility model. in the file. Applying first is called a conflicting application that applies later. Conflicting applications will destroy novelty and prevent repeated granting of patents.
3. Disclosure is not considered as loss of novelty. If an invention, utility model or design for which a patent is applied for falls under any of the following circumstances within 6 months before the filing date, the novelty will not be lost:
(2) Creativity
Creativity It means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
The invention or utility model applied for a patent must be substantially different in the composition of the technical solution compared with the existing technology before the filing date. It must be the result of creative thinking activities and cannot be a modern invention. There are technical results that can be obtained naturally through simple analysis, induction, and reasoning. The inventive step of an invention is more demanding than that of a utility model. The judgment of inventive step shall be based on the knowledge and judgment ability of ordinary technicians in the relevant field.
(3) 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.
Industries include industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industries. Manufacturing and utilization in industry refer to implementability and reproducibility.
Second, it must be able to produce positive effects, that is, compared with existing technologies, the invention or utility model applied for patent can produce better economic benefits or social benefits, such as increasing the number of products, Improve product quality, increase product functions, save energy or resources, prevent and control environmental pollution, etc.
(4) Other conditions
For example, the description needs to fully disclose the technology for which the patent is applied for. Please refer to the latest Patent Law and Implementing Rules for details.
Negative conditions
1. Inventions that violate laws, social ethics or harm public interests. National laws refer to laws formulated 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. If the purpose of the invention is contrary to national laws, patent rights cannot be granted.
For example, equipment, machines or tools used for gambling; drug-taking equipment, etc. cannot be granted patent rights. The purpose of the invention itself does not violate national laws, but if it violates national laws due to misuse, it does not fall into this category.
2． scientific discovery. It refers to the revelation of objective phenomena, change processes, and characteristics and laws in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery.
They are all extensions of people’s understanding. These recognized substances, phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.
3. Rules and methods of intellectual activity. Intellectual activity refers to the movement of human thinking. It originates from human thinking and produces abstract results through reasoning, analysis and judgment, or it must be used as a medium to indirectly act on nature to produce results. It is only Rules and methods that guide people to think, identify, judge and remember information.
Because it does not adopt technical means or utilize natural laws, nor does it solve technical problems or produce technical effects, it does not constitute a technical solution. For example, traffic driving rules, grammar of various languages, speed algorithms or oral judgments, psychological test methods, various games, entertainment rules and methods, music scores, recipes, chess scores, computer programs themselves, etc.
4． Diagnosis and treatment methods of disease. It is the process of identifying, determining or eliminating the causes and lesions of living people or animals.
The exclusion of disease diagnosis and treatment methods from the scope of patent protection is due to humanitarian considerations and social ethics. Doctors should choose various methods and conditions during the diagnosis and treatment process. of freedom.
In addition, this type of method directly uses living human or animal bodies as the implementation object. Theoretically, it is not considered an industry and cannot be used industrially. It is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.
5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties.
6． Substances obtained by nuclear transformation methods.
7. The design of the pattern, color or combination of the two on a flat printed matter, which mainly functions as a logo.
Baidu Encyclopedia--Appearance Design
Baidu Encyclopedia--Patent Rights