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发明的创造性是中国专利法第二十二条规定的作为授予专利的三个先决条件之一。一项发明若被认可具有专利性,它除了具备新颖性和实用性之外还必须具备创造性。中国专利法第二十二条第三款则定:“创造性,是指同申请日以前已有的技术相比,该发明有突出的实质性特点和显著的进步,该实用新型有实质性特点和进步。”由此可见,发明是否具有创造性是与它的实质内容或者说与决定性的技术特征有关的。对于审查
The inventiveness of inventions is one of the three prerequisites for granting a patent as provided for in Article 22 of the Chinese Patent Law. If an invention is recognized as patentable, it must be inventive in addition to its novelty and utility. The third paragraph of Article 22 of the Chinese Patent Law stipulates that “creativity means that the invention has prominent substantial features and significant progress compared with those already existing before the filing date. The utility model has substantive features And progress. ”Thus it can be seen that whether an invention is inventive or not is related to its substance or its decisive technical characteristics. For review