1. What are the requirements for patent application
1. Requirements for patent application Conditions to be met: To apply for an invention patent, utility model patents must meet the three conditions of novelty, creativity and practicality, all of which are indispensable; to apply for a design patent, as long as it has novelty, you can apply. The novelty referred to here should be different or similar to the design that has been publicly published in domestic and foreign publications or publicly used at home and abroad before the filing date.
2. Legal basis:
"Patent Law of the People's Republic of China" 22 Article
Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; there is no prior patent application by any unit or individual 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 was known to the public at home and abroad before the filing date.
2. Which department should you go to to apply for a patent?
1. Department for patent application: State Intellectual Property Office: manages patent work nationwide, uniformly accepts and examines patent applications, and grants patent rights in accordance with the law; The establishment of local patent management departments; the functions of local patent management departments.
2. Legal basis: Article 27 of the "Patent Administrative Enforcement Measures" requires mediation due to disputes over patent application rights or ownership of patent rights, the parties may hold The acceptance notice of the patent management department requests the State Intellectual Property Office to suspend the patent application or patent right-related procedures.
If an agreement is reached through mediation, the parties shall go through the restoration procedures with the State Intellectual Property Office with the mediation agreement; if an agreement cannot be reached, the parties shall go through the procedures for managing patent work with the The case cancellation notice issued by the department shall be submitted to the State Intellectual Property Office for reinstatement procedures. If no extension of the suspension is requested after one year from the date of request for suspension, the State Intellectual Property Office will resume the relevant procedures on its own initiative.
Requirements for patent application: To apply for an invention patent or a utility model patent, novelty, The three conditions of creativity and practicality are indispensable; when applying for a design patent, you can apply as long as it is novel. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.