The 2023 Patent Law stipulates how to apply for a utility model patent

To apply for a Utility model patent, documents such as a request, a description and its abstract, and claims must be submitted. The request shall state the name of the invention or utility model, the name of the inventor, the name of the applicant, etc. Regarding the question of how to apply for a utility model patent under the Patent Law, the editor of Legal Savior Network will answer it in detail for you below.

1. The Patent Law stipulates how to apply for a utility model patent

1. To apply for a patent for a new type of patent, documents such as a request, a description, its abstract, and claims must be submitted.

(1) 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.

(2) The description shall give a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, There should be pictures attached. The abstract should briefly describe the technical key points of the invention or utility model.

(3) The claims should be based on the description and clearly and briefly define the scope of patent protection requested.

2. Legal basis: "Patent Law of the People's Republic of China"

Twenty-sixth When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.

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 instruction manual shall provide a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there shall be appended documents. picture. 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 should include in the patent applicationThe document states the direct source and original source of the genetic resources; if the applicant is unable to explain the original source, the applicant shall state the reasons.

2. Conditions for granting utility model patents

Conditions for granting utility model patents:

1. Novelty: refers to the period before the filing date The same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has any application for the same invention or utility model been filed with the Patent Administration Department of the State Council by others, and It is recorded in the patent application documents published after the filing date.

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

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

According to the provisions of the Patent Law, when applying for a utility model patent, a request, description, abstract, claims and other documents must be submitted. The request shall state the name of the invention or utility model, the name of the inventor, the name of the applicant, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.