1. What are the conditions for granting utility model patents
1. Grant Patented inventions and utility models must possess novelty, creativity and practicality.
Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, used publicly in China, or used in other countries. The same invention or utility model is not 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 has it recorded in the patent application documents published after the application date.
Creativity 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 substantial Sexual characteristics and advancement.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
2. Legal basis: Article 22 of the "Patent Law of the People's Republic of China", inventions and utility models for which patent rights are granted must possess novelty and creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
2. What are the application procedures for utility model patents?
Utility model patent applications are divided into application stages and review stages.and authorization stage, which generally takes about 6 months, and the protection period of utility model patents is 10 years.
1. Application stage: Utility model application documents should include: utility model patent request, description, description drawings, claims, abstract and summary Picture attached. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Examination stage: China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Modification; Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications.
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