Inventions and utility models granted patent rights should be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable 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.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

According to the above regulations, if a new research result is published first, the published paper becomes existing technology. Therefore, if the research results apply for a patent, the first published paper will destroy the novelty of the research results when applying for a patent, and the patent will not be obtained.

However, according to the provisions of Article 24 of the Patent Law, an invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:

(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;

(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;

(3) It was first published at a specified academic or technical conference;

(4) Others disclose the contents of the application without the consent of the applicant.