1. What conditions need to be met to apply for a utility model patent?
Utility model patent The application needs to meet the following conditions:
1. The utility model applied for refers to a new technical solution proposed for the shape, structure or combination of the product that is suitable for practical use. ;
2. The subject is qualified;
3. Be novel, creative and practical Sex;
4. Other conditions.
5. Legal basis: "Patent Law of the People's Republic of China"
Article 2: The inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the aesthetic and suitable design of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications.
Article 22: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Article 45: Since the patent administration department of the State Council announces the grant of a patentFrom the date of the patent right, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, it may request the patent administration department of the State Council to declare the patent right invalid.
2. How to restore patent rights for unpaid patent fees
If the annual patent fee is not paid, the patent right can still be restored. However, only applicants who fail to pay annual fees due to force majeure or other factors can apply for restoration of rights. The time limit for requesting patent right restoration is two months from the date when the obstacles are eliminated, and at the latest two years from the date of expiration.
If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to force majeure reasons, resulting in the loss of its rights, it shall be automatically impeded. Within two months from the date of elimination, and at the latest two years from the date of expiration, a request may be made to the Patent Administration Department of the State Council for the restoration of rights.
If the party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a request for restoration A request for rights, stating the reasons, attaching relevant supporting documents if necessary, and completing the corresponding procedures that should be completed before the rights are lost; if a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a request fee for restoration of rights shall also be paid. 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.