1. What are the conditions for granting patent rights?
1. Item 1. The essential conditions for obtaining patent rights for inventions or utility models are novelty, creativity and practicality.
2. Novelty, which means that the same invention or utility model has not been published in domestic or foreign publications or publicly used in China before the filing date. The same invention or utility model has not been filed with the patent administration department of the State Council by others and has been recorded in patent application documents published after the application date;
3. Creativity, which means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress;
4. Practicality, which means that the invention or utility model can be manufactured or used and can produce positive effects;
5. Legal basis: "Patent Law of the People's Republic of China"
Inventions and utility models for which patent rights are granted in Article 22, It should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the existing technology; and no unit or individual has filed a patent for the same invention or utility model before the filing date. An application has been filed with the Patent Administration Department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The prior art referred to in this Law refers to the technology that is known to the public at home and abroad before the filing date.
2. How long does it take for the patent to be authorized after publication
1. The patent conference can be authorized within three years. However, only invention patents are authorized for three years because substantive examination is required.
2. If it is a utility model For utility models and appearance patents, it usually takes about eighteen months. Because utility models and appearance patents only need to pass the preliminary examination for eighteen months.
3. Legal Basis: "Patent Law"
Article 34 After receiving an invention patent application, the patent administration department of the State Council shall, after preliminary examination, determine that it meets the requirements of this Law. The application will be published as soon as eighteen months have passed since the date of application. The patent administration department of the State Council may publish the application as early as possible upon the request of the applicant.
Article 35 Inventions Within three years from the filing date of a patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 40: If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or design patent. The decision on patent rights shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights shall take effect from the date of announcement.
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