1. Conditions that need to be met for patent application
Applying for invention and utility model patents, It must meet the three conditions of novelty, creativity and practicality, all of which are indispensable;
Novelty: means that there is no identical invention or utility model in the country before the filing date The same invention or utility model has been published in foreign publications, used publicly in China, or otherwise known to the public, nor has the same invention or utility model been applied to the Patent Office by others and recorded in patent application documents published after the filing 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 substantive features and progress.
Practicality: means that the invention or utility model can be manufactured or used and can produce positive effects.
To apply for a design patent, you can apply as long as it is novel. The novelty referred to here must be published in domestic and foreign publications before the filing date. The designs that have been published or publicly used at home and abroad are not identical or similar.
2. Procedure for applying for a patent
(1) Technology and economic considerations as to whether a patent should be applied for. That is, whether the invention and creation technically meets the conditions for patent rights; economically, whether the invention and creation has sufficient economic value to be worthy of applying for patent protection.
(2) Write application documents. The inventor or inventor can write the application documents for a patent by himself or entrust a patent attorney from a patent agency to write them on his behalf. Since applying for a patent is a highly legal and technical task, it is best to have a patent attorney write the patent application documents. To apply for an invention or utility model patent, documents such as a request, description, abstract, and claims should be submitted.
(3) Submit application documents to the China Patent Office or its agency. The applicant shall send the prepared application documents to the China Patent Office or its agency (the China Patent Office is located in Shenyang, Jinan, Shanghai, There are agencies set up in 6 cities (Nanjing, Chengdu, and Changsha) to accept applications. Application documents are mailed, and the postmark date is the application date. Mailed application documents must be packaged in large letter money. All documents must not be folded and must be placed in an envelope. When there are more than two application documents, a directory of documents should also be attached.
(4) Two special patent applications. Applications for confidential patents. Applications for patented inventions Creations involving national security or major interests that need to be kept confidential shall be handled in accordance with relevant national regulations. For applications for national defense systems, patent applications shall be accepted by the patent agency established by the competent department of national defense science and technology, and the Patent Office shall make a decision based on the examination opinions of the agency; non-defense After the patent office accepts the system's application, it will forward the application that requires confidentiality review to the relevant departments of the State Council for review. The relevant departments should notify the patent office of the review results within 4 months from the date of receipt. The inventions and creations for which patents are applied for need to be kept confidential. , the Patent Office will treat it as a confidential patent and notify the applicant. Apply for a patent abroad. Applying for a patent abroad requires the following procedures: first apply for a patent to the China Patent Office; it must be approved by the relevant departments of the State Council; a patent agent designated by the State Council should be entrusted Institutional processing; preparation of fees for applying for patents abroad.
Patent applications need to meet the three conditions of novelty, creativity and practicality, each of which is indispensable. Everyone is applying When applying for a patent, you should also follow the procedures mentioned above. If you have any questions, please go to the Legal Savior website for lawyer consultation.
