What are the requirements to apply for a patent?What are the requirements for applying for a patent

Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Article 22 of the Patent Law: Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art;Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

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

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

Article 25 No patent shall be granted for the following items:

a) Scientific Discoveries;

b) Rules and methods of intellectual activity;

c) Diagnosis and method of disease;

iv) animal and plant varieties;

e) Substances obtained by the nuclear transformation method;

6) The design of the pattern, color or combination of the two of the graphic prints that mainly plays the role of identification.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

The patent applied for should be novel, inventive and practical. As long as these conditions are met, and then there is no problem with the application materials submitted, then you can successfully pass the review. At that time, the CNIPA will grant the applicant a patent.

The patent application needs to be satisfied:

1) Novelty: It refers to the fact that the same invention or utility model has not been published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no same invention or utility model that has been applied for by others to the patent administration department and recorded in the patent application documents published after the application date.

2) Inventive step: refers to the substantial characteristics and progress of the utility model compared with the existing technology before the filing date.

3) Practicality: refers to the utility model can be manufactured or used, and can produce positive effects.

The required conditions are: practicality, novelty and inventive step. Novelty means that the invention or utility model does not belong to the prior art, and no unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and inventiveness refers to the invention compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive characteristics and progress.

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

1. A patent application is actually a way for the patentee to disclose the patented technical solution in exchange for the patentee's exclusive monopoly of the professional technical solution within a certain period of time, that is, disclosure for protection.

2. The technical solution claimed by the patent applicant has a patent right once authorized by the State Intellectual Property Office. The patentee may exclude others from using the patented technical solution during the term of patent protection. Even if someone else has developed the same technical solution after the patent filing date, it cannot be used.

This is the biggest benefit and effect of patent application.

3. Compared with a patent application, the owner of a technical solution can also protect the technical solution as a trade secret. In terms of trade secrets, it cannot be excluded that others can use the same technical solutions independently developed by themselves.

Extended Materials: Writing application documents. The application documents for the invention creator to apply for a patent can be drafted by himself, or he can entrust the patentee of the patent institution to write it on his behalf.

Since applying for a patent is a very legal and technical work, it is best to ask the patentee to write the patent application documents. Where an application for an invention or utility model patent is made, documents such as a request, description, abstract and claims shall be submitted.

Legal basis: Article 22 of the Patent Law of the People's Republic of China stipulates that an invention or utility model for which a patent is granted means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

1. What are the requirements for applying for a patent The grant of a patent for invention or utility model shall be novel, inventive and practical. Novelty means that the same invention or utility model has not been publicly published in domestic and foreign publications, or has been publicly used at home and abroad, or has been demonstrated in the public in other ways, and is known to the public, and there is no same invention or utility model that has been applied for by others to the patent administration department and recorded in the patent application documents published after the filing date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art prior to the filing date, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured and used, and can produce positive effects. The grant of a design patent shall be inconsistent with and not similar to the design that has been publicly published in domestic or foreign publications or publicly used at home or abroad before the filing date, and shall not conflict with the prior legitimate rights and interests of others. Article 24 of the Patent Law of the People's Republic of China stipulates that "the novelty of an invention-creation applied for a patent shall not be lost if it falls under any of the following circumstances within six months before the filing date:

1. It is exhibited for the first time at an international exhibition sponsored or recognized by China's **; 2. Presented for the first time at a prescribed academic conference or technical conference; 3. Others leak their contents without applying for consent. 2. What documents are required for patent application For different types of patent applications, applicants need to prepare different application documents. The documents to be submitted to apply for an invention patent include:

Invention patent application, description (if necessary, drawings), claims, abstract, drawings. The documents for applying for a utility model patent include a utility model patent application, a description, drawings of the specification, claims, an abstract and its drawings. The documents for which a design patent is applied include a design patent application, ** or **.

Where color protection is required, it shall also include color ** or **. Patent applications must be filed in paper or electronically. All application documents should be in Chinese, typed or printed in Song style.

When the applicant applies for a patent, the application documents shall be submitted directly or sent to the acceptance office of the State Intellectual Property Office, or it can be submitted or sent to the agency set up by the State Intellectual Property Office, which has established the State Intellectual Property Office in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan and Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun and other cities. Patent applications involving national defense are accepted by the National Defense Patent Office of the People's Liberation Army of Chinese People's Liberation Army. After reading the above, you should be clear about the requirements for applying for a patent, at this time, the patent is required to be novel, practical and inventive, otherwise the patent will not be granted.

Of course, when applying for a patent, you need to pay a certain application fee, and then you have to pay the patent annuity fee according to the prescribed amount every year.

1. What are the requirements for applying for a patent?

1. The following conditions are required to apply for a patent:

1) The subject is eligible. That is, the applicant is the patentee or the person authorized by it;

2) Complete materials;

3) The time is right. That is, it is necessary to apply to the Patent Office for substantive examination within the prescribed time limit;

4) Subject matter eligibility. That is, the patent should be novel, inventive and practical.

Legal basisArticle 2 of the Patent Law of the People's Republic of China.

For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

2. What are the requirements for applying for software copyright?

The conditions required to apply for software copyright are as follows:

1. The applicant is qualified, that is, the applicant should be a software developer, or other organization or individual who enjoys software copyright in accordance with the law;

2. The applicant shall submit the application form for software copyright registration, software identification materials, certification documents and other materials filled in as required;

3. The software belongs to the scope of software copyright and shall not violate the provisions of the law.

1. Types of patent applications.

There are three types of patent applications: invention, utility model and design. A new technical solution proposed for a product, method or improvement may apply for an invention patent; A utility model patent may be applied for for a new technical solution suitable for practical use proposed for the shape, structure or combination of the product; A design patent can be applied for for a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

2. What are the requirements for applying for a patent?

1) Prerequisites.

The first paragraph of Article 22 of the Patent Law of the People's Republic of China stipulates that inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact that the same invention or utility model has not been published in domestic or foreign publications, has been publicly used in China or otherwise known to the public before the filing date, and has not been filed with the patent office by another person and recorded in the patent documents published after the filing date. Inventive step refers to the fact that the invention has outstanding substantive features and progress compared with the prior art before the filing date. Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

In addition, the design for which a patent is granted shall not be the same or similar to the design that has been published or publicly used in domestic or foreign publications before the filing date.

2) Prohibitions.

Article 5 of the Patent Law stipulates that a patent right may be granted for inventions and creations that violate national laws, social morality or obstruct public interests. In addition, the following seven items, namely scientific discoveries, rules and methods of intellectual activity, methods of diagnosis and ** of diseases, food and beverages and condiments, medicines and substances obtained by chemical methods, animal and plant varieties, substances obtained by nuclear transformation methods, are not patentable.

3. The role of applying for a patent.

1. As an intangible asset, patent has huge commercial value and is an important means to enhance the competitiveness of enterprises.

2. The enterprise will apply for patents for scientific research results, which is the basis for the implementation of the patent strategy of the enterprise.

3. The quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness, and the symbol of the company's identity and status in the industry.

4. Enterprises can obtain long-term benefits through the application of the patent system.

5. Possession of patents by enterprises is a necessary prerequisite for the declaration of high-tech enterprises, innovation and other scientific and technological plans and projects.