What information is needed to apply for a national invention patent?
Patent related Provisions
The same invention and creation can only A patent can be granted. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted. If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first. Patent application rights and patent rights are transferable. If a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it must go through the procedures in accordance with the provisions of relevant laws and administrative regulations. When transferring patent application rights or patent rights, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
After an invention or utility model patent is granted, no unit or individual may implement it without the permission of the patentee, except as otherwise provided in this law. Its patent means that it is not allowed to manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes.
Any unit or individual that exploits the patent of others shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees. If the invention patent of a state-owned enterprise or institution is of great significance to national interests or public interests, the relevant competent authority of the State Council shall The departments and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote the application within the approved scope and allow designated units to implement it, and the implementing unit shall pay royalties to the patentee in accordance with national regulations.
Information required to apply for a patent: 1. Name of the invention: the name should simply and clearly reflect the subject and type of the invention. 2. Background technology: closest to the invention The state of the existing technology. 3. Technical solutions for Inventions and creations: Product-type inventions and creations: clearly and completely describe the names of each component and their connection relationship with each other, and explain their working process, combined with the accompanying drawings, A senior intellectual property consultant from Zhonghe International said that these solutions are subject to the ability of ordinary technicians in this technical field to implement them; electronic inventions and creations: provide circuit diagrams or block diagrams, and explain their principles in conjunction with each electronic device or module in the diagram; methods Category inventions and creations: including processing technology, chemical products, pharmaceuticals, food, etc., the processing steps and limitations of process conditions should be described in detail, and corresponding process flow diagrams should be provided as needed; for methods involving computers, communications and other fields If the invention is an invention, the process of the method should be provided, and its flow chart should be provided as needed. 4. Beneficial effects and advantages of the invention: describe the positive effects and advantages of the invention compared with the existing technology, and the The above advantages and effects are directly obtained by adopting the technical solutions of the invention. 5. Description of the drawings: If there are drawings, they should be drawn according to mechanical drawing standards. 6. Examples: products and electronics Inventions and Creations: Embodiments are one or more specific design solutions for realizing inventions and creations. If drawings are provided, this part should be described in conjunction with the drawings, and the numbers in the drawings should be marked after the corresponding parts. It is necessary to explain its function, dynamic structure, working principle and usage, etc.
Method-type inventions and creations: its technological process, operating steps and specific details should be explained in detail. Process parameters, etc., usually should provide embodiment solutions that combine multiple process parameters; for method inventions and creations involving the fields of computers, communications, etc., detailed implementation solutions for the method should be provided in combination with flow charts, etc., and a variety of solutions can be provided. Plan.
To sum up, we can know that if you need to apply for a national invention patent, you need to prepare the name of the invention and the plan of the invention. , the drawings and text of these things must be clearly listed. There are many things that need to be paid attention to, so you can come to consult the Legal Savior NetworkIt is more convenient to have an online lawyer.
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