Legal Provisions for Invention Patent Applications
"Patent Law of the People's Republic of China" The legal provisions for invention patent applications are as follows:
Article 22: Inventions and Utility models for which patent rights are granted must possess novelty, creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to the technology that is known to the public at home and abroad before the filing date.
Article 25 does not grant patent rights for the following items:
( 1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
( 3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Substances obtained by atomic nuclei transformation method;
(6) Mainly used to mark the pattern, color or combination of the two in flat printed matter the design of. Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
Article 26 When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.pieces. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
The above content is the relevant answer. If you apply for an invention patent, there is a 60% chance that it will be returned. And it should be noted that this invention patent will also have certain application restrictions, and it cannot be some scientific discoveries or rules of intellectual activities, etc. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
