A patentable invention or utility model shall possess novelty, inventiveness, and practical applicability.

Novelty means it is not prior art and no identical invention or utility model was filed before the filing date and recorded in a patent application or patent document published afterward.

Inventiveness means that, compared with prior art, an invention has prominent substantive features and represents notable progress, and a utility model has substantive features and represents progress.

Practical applicability means that it can be made or used and can produce positive results.

Prior art means technology known to the public in China or abroad before the filing date.

An invention-creation does not lose novelty if, within six months before filing:

(1) it was first disclosed for the public interest during a national emergency or extraordinary situation;

(2) it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;

(3) it was first published at a prescribed academic or technical conference;

(4) its contents were disclosed by another person without the applicant’s consent.