What are the conditions for patent application and patent grant in 2023?

In recent years, our country has paid more and more attention to the protection of patent rights. The most obvious manifestation is that major film and television platform websites have now adopted a method of charging to watch films in order to protect the patents of film and television works. So what are the conditions for applying for a patent and being granted a patent? Today, the editor of Legal Savior Network has compiled relevant content, hoping it will be helpful to you.

What are the conditions for patent application and patent grant

my country's "Patent Law" stipulates that inventions that are granted patent rights must Be novel, creative and practical.

(1) Novelty means that the invention is not It belongs to the existing technology, and no unit or individual has applied for the same invention to the patent administration department of the State Council before the application date, and it is recorded in the patent application documents or announced patent documents published after the application date.

(2) Creativity means before the filing date Compared with the existing technology, the invention has outstanding substantive features and significant progress.

(3) Practicality means that the invention can Made or used and capable of producing a positive effect.

(4) Existing technology refers to the date of application Technology previously known to the public at home and abroad.

So, novelty, creativity and practicality are Substantive conditions for granting invention patent rights. The invention patent application process includes seven stages: application, acceptance, preliminary examination, publication, substantive examination, authorization and announcement.

To apply for a patent, the prescribed patent application documents must be submitted to the State Intellectual Property Office, which must be in written or electronic form and filled out in the prescribed format.

When applying for an invention patent, the application documents should include: invention The patent request, description (with drawings if necessary), claims, abstract and drawings are each in duplicate.

The request should state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.

The description should clearly and completely describe the invention or utility model. The description shall be subject to what a skilled person in the technical field can realize; when necessary, there should be drawings. The abstract should briefly describe the technical points of the invention or utility model.

The claims are the core of the application document and should be based on the description to explain the scope of patent protection required.

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