What is a patent and how do citizens apply for a patent?
Applying for a patent is in the market A legal system for protecting intellectual property rights of inventions and creations under economic conditions. All inventions and innovations that meet patent conditions should apply for patents as early as possible to obtain national legal protection. To apply for a patent, you must submit necessary application documents to the State Intellectual Property Office in accordance with regulations. To apply for an invention or utility model patent, a request, description, claims, abstract of the description, necessary drawings and other documents must be submitted. To apply for a design patent, you should submit a request, pictures or photos of the design, a brief description and other documents. Patent application documents can be written by the applicant himself or entrusted to others.
Patent is granted by the state to the inventor or designer Exclusive rights to their inventions and designs within a certain period of time. According to my country's Patent Law, patents are divided into three categories: invention patents, utility model patents and design patents. According to the provisions of Article 25 of the Patent Law, scientific discoveries, rules and methods of intellectual activities, methods of disease diagnosis and treatment, animal and plant varieties, and substances obtained by nuclear transformation methods are not patentable, but the production methods of animals and plants are not patentable. , a patent can be granted.
How citizens apply for a patent
(1) First of all, Clarify whether the invention he holds is a service invention or a non-service invention: a service invention refers to an invention made by the inventor or designer to complete the tasks assigned by the unit where he or she works, or mainly by taking advantage of the material conditions of the unit where he or she works. Service inventions It is up to the unit to apply for a patent, and individuals do not have the right to apply. Non-service inventions refer to inventions made entirely by employees using their personal abilities after completing work assigned by the unit where they work. Non-service inventions can be patented by individuals.
(2) Application document requirements: To apply for a patent, you should submit a request, description, abstract, claims and other documents. The request should beThe name of the invention, the name of the inventor or designer, the name of the applicant, address and other matters should be stated. The description should provide a clear and complete description of the invention, and the claims should describe the scope of patent protection required.
(3) First-to-file principle: The granting of patent rights in my country follows the first-to-file principle, that is, when two or more applicants apply for patents for the same invention respectively , patent rights are awarded to the first person to apply.
(4) Review and approval of patent applications: After the Patent Office receives the invention patent application, if it is deemed to meet the requirements of the patent law after preliminary examination, the patent application shall be approved from the date of application. After eighteen months, it will be announced.
The above mentioned are all legal knowledge about patents. You must know that applying for a patent is actually protecting your legitimate rights and interests. Therefore, when citizens have inventions and innovations, they must Patents should be filed promptly to obtain legal protection. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.