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Q&A - 専利 - Concerning invention or utility model, what are the substantive requirements for the grant of a patent?
 

Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical app1icability.

Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in China or abroad or has been publicly used or made known to the public by any other means in China, nor has any other person filed previously with State Intellectual Property Office of P.R.C. an application which described the identical invention or utility mode1 and was published after the said date of filing.

Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.

Practical applicability means that the invention or utility model can be made or used and can produce effective results.

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