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我国专利法第二十二条规定:“授予专利权的发明和实用新型,应当具备新颖性、创造性和实用性。这三个条件称为授予专利权的条件,也是授予专利权的必要条件。当然一个发明或实用新型要取得专利权仅仅具备这三个条件还是不够的,还得满足其他一些要求,例如,如何写好专利文件等。现就三个必要条件说明如下,想必对工程技术人员在申请发明和实用新型的专利时会有一定的裨益。
According to Article 22 of the Patent Law of the People’s Republic of China, "The patented inventions and utility models must possess novelty, inventiveness, and practicality. These three conditions are referred to as the conditions for granting patent rights and are necessary conditions for granting patent rights. Of course, if an invention or utility model acquires a patent right, it is still not enough to have these three conditions, and it has to meet other requirements, for example, how to write a patent document, etc. Now the three necessary conditions are described as follows. There will be some benefits when applying for patents for inventions and utility models.