What are the four basic principles of patent application
1. Written principles
Currently, when applying for a patent in China, you must submit written documents, and everything must be submitted in writing. document based. However, with the development of electronic information technology, the Chinese Patent Office has implemented electronic applications on a trial basis for some applications in a small number of foreign-related agencies.
2. First-to-apply principle
In theory, only one patent can be granted for the same invention. . Therefore, if two or more applicants apply for a patent for an invention with the same content, the patent right will be awarded to the person who applies first. If two people apply on the same day, the application can be resolved through negotiation, either by applying jointly or by transferring the application to one of the parties. If negotiations fail, no approval can be obtained and the technology can only be protected as a technical secret or become freely known technology.
3. Priority principle
Article 29 of my country’s Patent Law stipulates: “Within two months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or from If a patent application for a design is filed for the same subject in China within six months of the first patent application filed in a foreign country, the design shall be subject to the agreement signed by the foreign country and China or an international treaty to which both countries are parties, or in accordance with the mutual recognition of priority rights. principle, can enjoy priority. "This is usually called "foreign priority." "If the applicant files another patent application for the same subject with the Patent Administration Department of the State Council within two months from the date of first filing a patent application for an invention or utility model in China, Can enjoy priority. "This is generally called "domestic priority".
4. The principle of unity
The so-called unity principle, that is, the one-invention-one-application principle. An invention or utility model patent application should be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept can be filed as one application. A design patent application should be limited to one design used in one product. Two or more designs used in the same category and sold or used as a set can be filed as one.
The above content is the four basic principles of patent application compiled by the editor, that is, written principle, first-to-file principle, priority principle and unity principle. Only if these four basic principles are complied with, can patents be protected by law. We cannot ignore the role of patents, and we must also apply for patents in a timely manner. If you are in If you have other questions about patent application, you are welcome to come to the Legal Savior Network for relevant legal consultation.
