What conditions should be met before applying for a patent?

Novelty. That is, the invention attached to the Patent does not belong to the prior art; creativity. That is, the invention attached to the patent has outstanding substantive features and significant progress; practicality. That is, the invention attached to the patent can be manufactured or used and can produce positive effects. Regarding the question of what conditions should be met before applying for a patent, the editor of Legal Savior Network will answer it in detail for you below.

1. What conditions should be met before applying for a patent?

1. Application The following conditions should be met before patenting:

(1) Novelty. That is, the invention attached to the patent does not belong to the prior art;

(2) Inventive step. That is, the invention attached to the patent has outstanding substantive features and significant progress;

(3) Practicality. That is, the invention attached to the patent can be manufactured or used and can produce positive effects.

2. Legal basis: Article 22 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021, inventions and applications for which patent rights are granted A new type must be novel, creative and practical. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.

2. What are the applications for invention patents?

1. Invention patent application review and approval process Patent application—acceptance—preliminary review— Publication—Request for Substantive Examination—Substantive Examination—Authorization

2. Documents required to apply for an invention patent

(1) Letter of request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.

(2) Description: including the name of the invention patent, technical field, background technology, content of the invention, description of the drawings and specific implementation methods.

(3) Claims: describe the technical features of the invention, and clearly and briefly describe the content requested for protection.

(4) Description and drawings: invention patent There are always drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.

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