1. Receive three patent application documents for inventions, utility models, and designs submitted in person or by mail from domestic applicants.
2. Receive three types of patent application documents for inventions, utility models and designs from residents of Hong Kong, Macao and Taiwan entrusted by mainland patent agencies.
3. PCT application documents will not be accepted.
4. Patent application documents submitted by overseas applicants and legal persons from Hong Kong, Macao and Taiwan will not be accepted.
5. Divisional application documents will not be accepted.
6. Patent application documents requiring a priority statement will not be accepted.
7. Intermediate documents submitted after the patent application is accepted will not be accepted.
Classification of patents:
①Invention refers to a new proposal for a product, method or improvement thereof New technical solutions;
②Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use;
③Appearance design refers to the shape, pattern or combination of the product and the combination of color, shape and pattern that is aesthetically pleasing and suitable for industrial applications.
Conditions that must be met when applying for a patent
1. Does not violate national laws, social ethics or hinder the public Benefit.
2. It does not fall within the scope of not granting patent rights stipulated in Article 25 of the Patent Law.
3. Those applying for invention and utility model patents should have novelty, creativity and practicality.
Novelty means that before the filing date, the same invention-creation has not been publicly published in domestic and foreign publications, publicly used in China, or otherwise used in other ways. There is no similar invention or invention known to the public.The utility model has been applied for by others to the patent administration department of the State Council and 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. 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.
When applying for a design patent, it shall be different from and similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date. , and shall not conflict with the previously acquired legal rights of others.
Procedures for accepting patent applications
I submit a request - the department accepts or rejects it - -Review--Registration Announcement.
The request is the basis for determining the three types of patent applications: invention, utility or design, and should be selected with caution; it is recommended to use the patent office's unified form. The request includes the name of the invention, utility model or the name of the product using the design; the name of the inventor or design, the name of the applicant, address (including postal code), and other matters:
①The nationality of the applicant. The applicant is a business or other organization in the country where its headquarters is located.
② The applicant entrusting a patent agency should indicate relevant matters. If the applicant is applying for more than two people or an organization without entrusting an agency, the representative should be a natural person and the contact person's name, address, postal code and contact number should be indicated.
③The type of divisional patent application (an application that has been rejected, withdrawn or deemed to be withdrawn, and a divisional application cannot be filed) should be consistent with the original application, and the original application should be noted day, otherwise, the application will not be processed as a divisional case. For inventions or utility models that claim domestic priority, the application country and filing date of the earlier application must be indicated in the request, and the application must be submitted within one year from the date of the earlier application.
④List of application documents
⑤List of additional documents
⑥Signed or stamped by the parties
⑦Other matters with special requirements.
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