What principles need to be met when applying for a patent?

If the inventor of a patent can apply for a patent right, he must apply to the Patent Administration Department of the State Council to apply for a patent right. Submit the application form and related materials when applying. If no reason for rejection is found after review, the patent right will generally be granted. So what principles need to be met for a patent application? The editor of Legal Savior Network has compiled relevant knowledge and hopes to be helpful to everyone.

1. What principles need to be met in patent application

Patent inventor applies for a patent , the principle that needs to be followed is good faith, and patent rights must not be abused to harm the public interest or the legitimate rights and interests of others. .

"Patent Law of the People's Republic of China"

Article 20 Application for Patents and Exercising Patents Rights should abide by the principle of good faith. Patent rights shall not be abused to harm public interests or the legitimate rights and interests of others.

Any abuse of patent rights that eliminates or restricts competition, constituting monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.

2. Conditions for granting patent rights

The conditions for granting patent rights refer to the conditions that an invention must meet to obtain a patent right. substantive conditions. The essential conditions for an invention or utility model to obtain patent rights are novelty, creativity and practicality.

Novelty means that before the filing date, the same invention or utility model has not been publicly published in domestic or foreign publications, has not been publicly used in China, or has not been used in other ways. The method is known to the public, and no other person has filed an application for the same invention or utility model with the Patent Office and it is recorded in the 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 substantial Features and Advancements. For example, a patented invention solves a technical problem that people are eager to solve but have not yet solved.

RealUsability means that the invention or utility model can be manufactured or used and can produce positive effects.

Through the above analysis, we know that according to the provisions of the Patent Law, applying for a patent and exercising patent rights should follow the principle of good faith. Patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Anyone who abuses patent rights and eliminates competition will be dealt with in accordance with the provisions of the Anti-Monopoly Law. If you need legal help, readers can go to the Legal Savior Network for consultation.