Article 22 of the Patent Law of the People's Republic of China specifies that "Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability (utility).

Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the patent administrative organ under the State Council an application which described the identical invention or utility model 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 (utility) means that the invention or utility model can be made or used and can produce effective results".

Moreover, Article 23 of the Patent Law of the People's Republic of China specifies that "Any design for which patent right may be granted must not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not collide with any legal prior rights obtained by any other person." This is the prerequisite for granting the patent right for a design.