1. What are the objects not subject to patent rights?
1. The objects of patent rights in my country include inventions, designs, utility models, etc. The objects of patent rights are the objects of protection, and inventions are the most common ones. If people have a new invention or new design, they should apply for a patent as soon as possible. The patent agency will conduct a preliminary review. If the conditions are met, an announcement will be issued. After the announcement period is over, a patent certificate will be issued.
2. Legal basis: Article 25 of the "Patent Law of the People's Republic of China" stipulates that no patent rights will be granted for the following items:
(1) Scientific discovery;(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;(4) Animal and plant varieties;
(5) Substances obtained by nuclear transformation method.
2. What is the procedure for applying for a patent?
1. Preliminary review. The patent authority shall ascertain whether the application complies with the requirements of the Patent Law on application form.
2. Early disclosure. After the Patent Office receives the application for an invention patent, if it is deemed to meet the requirements after preliminary examination, it will be published 18 months from the date of application. The Patent Office may publish an application early upon the applicant's request.
3. Substantive review. Within 3 years from the filing date of an invention patent application, the Patent Office may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to apply within the time limit without justifiable reasons.If a substantive examination is requested, the application will be deemed to have been withdrawn. When the Patent Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
4. Authorization registration announcement. If no reason for rejection is found after substantive examination of the invention patent application, the Patent Office shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce the application at the same time. The invention patent right shall take effect from the date of announcement.
To sum up, patent rights are important property rights. my country has special laws for the protection of patent rights. The objects protected by patent rights are inventions, utility models and appearance. Design, etc., if it does not fall into this category, you cannot apply for patent rights. There are fixed procedures for applying for a patent. After submitting the application materials, the patent protection agency will conduct a preliminary review and review, and then issue a patent certificate. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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