What are the criteria for judging inventions or utility models?

Utility model patents, also known as small inventions or small patents, are the object of patent rights and the objects protected by patent law. They refer to utility models that should be granted patent rights according to law. What are the criteria for judging an invention or utility model? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What are the criteria for judging inventions or utility models

Inventions and utility models for which patent rights are granted must be novel sex, creativity and practicality. Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has the same invention or utility model been published by others. An application has been filed with the Patent Administration Department of the State Council and recorded in the patent application documents published after the application date. Creativity 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

If the subject matter claimed for protection in an invention or utility model patent application is exactly the same as the technical content disclosed in the reference document, or is only a simple text change, then the invention or utility model patent application does not possess novelty. Additionally, the same content above should be understood to include the only content that can be derived directly from the comparison file.

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