What are the conditions and principles for granting a patent application?
What are the requirements for a patent application? Necessary procedures for obtaining patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. When applying for a patent to the national patent office, the applicant should also submit a series of application documents, such as request, description, abstract, claims, etc. In terms of patent application, the provisions of patent laws in various countries around the world are relatively consistent, but there are also many differences.
Patent Granting Principles
According to the basic principles of patent law, only one patent right can be granted for the same invention and creation. When two or more people file separate patent applications for the same invention, there are two principles: one is the first-to-invent principle, and the other is the first-to-file principle.
(1) The first-to-invent principle means that if two or more people file patent applications for the same invention and creation, the patent right should be granted to the one who first made the invention. The person who created the invention does not care about the time when he filed the patent application. However, because when adopting this principle, many practical difficulties are often encountered in determining who is the first inventor, therefore, only a few countries in the world, such as the United States, Canada and the Philippines, adopt this principle.
(2) The first-to-file principle means that when two or more people file separate applications for the same invention, regardless of the time when they made the invention According to the time of filing patent application, the patent right is granted to the person who files the application first. China and most countries in the world adopt this principle.
Patent Grant Conditions
Patent laws vary from country to country. China and most countries require inventions to be novel, advanced and industrially practical. Novelty means that the invention is current on the date of filing the patent application or the date of priority. There is something that does not exist in the technology, that is, it is not publicly known. Anything disclosed in writing, tape, record, photography, oral or use, etc., loses its novelty. Some countries use world novelty, and some countries use domestic Novelty, some countries use the world scope as the standard for public knowledge, and the national scope as the standard for public use. Advanced nature, also known as creativity, means that the invention is more advanced than the existing technology when applying for a patent, and the degree is not obvious to ordinary professionals in the technical field to which it belongs. . Practicality means that the invention can be manufactured and used in industry.
The above is the relevant knowledge about patent grant compiled by the editor. In addition to domestic patent applications, There are also foreign applications. At the same time, there are also patent objects that are not granted, which I will not explain in detail here. If you still have questions, you can consult the online lawyers at the Legal Savior Network, and they will answer your questions.
