The 2023 Patent Law stipulates what materials need to be provided when applying for an invention or utility model patent.

According to the provisions of the Patent Law, when a patent applicant applies for an invention or Utility model patent to the patent administration department, he or she shall submit a request, description, abstract, claims and other documents. Regarding the question of what materials are required to apply for an invention or utility model patent under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. The Patent Law stipulates what materials should be provided when applying for an invention or utility model patent

1. To apply for an invention or utility model patent, a request, description, abstract, claims and other documents should be submitted. The requirements for corresponding materials are as follows:

(1) The request should state the name of the invention or utility model, the name of the inventor, the name of the applicant, address, 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.

(4) For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resources in the patent application documents; the applicant cannot If the original source is stated, the reasons should be stated.

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 explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source Yes, the reasons should be stated.

2. Characteristics of invention patents

1. Invention is a new technical solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments. It generally consists of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions. Product inventions include all items created by humans, and method inventions include all methods that utilize the laws of nature through inventions and creations. Method inventions can be divided into two types: manufacturing methods and operating methods. In addition, inventions protected by patent law can also be improvements to existing products or methods.

2. The invention for which patent rights are granted must be novel, creative and practical.

(1) Novelty means that the same invention or utility model has not been publicly published in domestic and foreign publications or publicly used in China before the filing date. Or it is 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 it is recorded in the patent application documents published after the application date.

(2) Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model Has substantive features and progress.

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

According to the provisions of the Patent Law, when a patent applicant applies for an invention or utility model patent to the patent management department, he shall submit a request, a description and its abstract and Claims and other documents. 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.