1. If a person without residence in China applies for a patent, what documents can the patent department require?
1. If an applicant without a habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department of the State Council may require the applicant to provide the following documents if it deems it necessary:
(1) The applicant is an individual, with proof of nationality;
(2) The applicant is an enterprise or other organization , certification documents from the country or region where it is registered;
(3) The country where the applicant belongs recognizes that Chinese entities and individuals can operate under the same conditions as nationals of that country , documents proving the enjoyment of patent rights, priority rights and other patent-related rights in this country.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Third Article 13 If an applicant who does not have a habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department of the State Council may require the applicant to provide the following documents if it deems it necessary:
(1) If the applicant is an individual, proof of his nationality;
(2) If the applicant is an enterprise or other organization, his registration Certification documents from the country or region;
(3) The applicant’s country recognizes that Chinese entities and individuals can work in that country under the same conditions as nationals of that country. Documents proving that the country enjoys patent rights, priority rights and other patent-related rights.
2. What information is required to apply for a patent?
(1) Name of the invention: the name should be simple and clear Reflect the subject and type of the invention.
(2) Background technology: the situation of the existing technology closest to the invention.
(3) Technical solutions for inventions and creations: product-type inventions and creations: clearly and completely state the names of each component and their connection relationships with each other in conjunction with the accompanying drawings, And explained its working process, the senior consultant of Zhonghe International Intellectual Property said that these provided solutions are subject to the ability of ordinary technicians in this technical field to implement; electronic inventions and creations: provide circuit diagrams or block diagrams, and combine each electronic device or device in the diagram. The module explains its principles; method-type inventions and creations: including processing technology, chemical products, medicines, food, etc., the processing steps and limitations of process conditions should be described in detail, and corresponding process flow diagrams should be provided as needed; for computers, For method inventions and creations involving communication and other fields, the process of the method should be provided, and its flow chart should be provided as needed.(4) Benefit of the invention and creation Effects and advantages: Describe the positive effects and advantages of the invention compared with the existing technology, and the advantages and effects are directly obtained by adopting the technical solution of the invention.
(5) Notes on drawings: If there are drawings, they should be drawn according to mechanical drawing standards.
(6 )Examples: Product and electronic inventions: An embodiment is one or more specific design solutions for realizing the invention. If drawings are provided, this part should be explained in conjunction with the drawings, and the items in the drawings should be The label is marked after the corresponding part, and its function, dynamic structure, working principle, method of use, etc. can be explained as needed.
According to the "Patent Law Implementing Rules" It stipulates that if an applicant without a habitual residence or business office in China applies for a patent or claims foreign priority, the Patent Administration Department of the State Council may require him or her to provide proof of nationality if the applicant is an individual; if the applicant is an enterprise or other organization , supporting documents and other materials in the country or region where it is registered. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
