Conditions for patent application

More and more people or companies pay attention to patent applications. After obtaining patent rights, they can create greater economic benefits for themselves or their companies. It is a good thing that there are more patent applications, but it does not mean that everyone can complete the task of patent application. They also need to meet relevant conditions. Below, the editor of Legal Savior Network will introduce to you the conditions for patent application.

Conditions for patent application

To apply for invention or Utility model patents, you must have novelty, creativity and practicality. conditions, both are indispensable;

(1) Novelty: means that the same invention or utility model has not been published in domestic or foreign publications before the filing date. , has been publicly used in the country or has become known to the public in other ways, and no other person has applied for the same invention or utility model to the patent administration department of the State Council and recorded it in the patent application documents published after the application date.

(2) Creativity: means that compared with the existing technology before the filing date, the utility model has substantial features and improvements.

(3) Practicality: means that the utility model can be manufactured or used and can produce positive effects.

How to apply for a patent?

Before applying for a patent, you must first conduct a search to see if there has been a similar patent in the past For inventions or designs, determine whether to apply for a patent and consider which type of patent to apply for (invention, utility model, design).

The patent applicant is generally the individual who completed the invention. The applicant for joint invention is the unit or individual who completed or jointly completed the invention; the applicant for entrusted invention is the unit or individual who completed the invention; the applicant for service invention is the unit; applications in the name of the unit must bear the official seal. A list of inventors or designers must be provided.

When applying for an invention or utility model patent, you must provide a technical explanation to the patent agent. In accordance with the provisions of the patent law, you must write a complete and detailed description of the invention and creation for which you are applying for a patent. , the sufficient degree of disclosure of its contents shall be subject to what a person skilled in the technical field can realize according to the instructions. And the following information must be provided:

(1) Name;

(2) Relevant technical field;

(3) As far as the applicant knows, state the understanding of the invention or utility model, search and examine useful background technology, and Citing documents reflecting these background technologies;

(4) The purpose of the invention or utility model;

(5) State the technical solution of the claimed invention or utility model so that those skilled in the technical field can understand it and achieve the purpose of the invention or utility model;

(6) The communication effect of the invention or utility model compared with the background technology;

(7) Provide drawings;

(8) Describe in detail the applicant's opinion of the best way to realize the invention or utility model with reference to the accompanying drawings.

Provide samples or pictures when applying for a design patent.

If you are worried about patent application, it is recommended that you consult a lawyer on the Legal Savior Network online to get more answers, or call a lawyer for consultation.