What are the requirements for a patent application and how to handle it?

First of all. To apply for invention and utility model patents, three conditions must be met: novelty, inventiveness and practicability, all of which are indispensable;

Novelty: refers to the fact that the same invention or utility model has not been published in domestic or foreign publications, publicly used in China or otherwise known to the public before the filing date, and the same invention or utility model has not been filed with the Patent Office by another person and recorded in the patent application documents published after the filing date.

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

Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.

An application for a design patent may be applied for as long as it is novel, and the novelty referred to here shall not be the same or similar to the design that has been published in domestic and foreign publications or publicly used at home and abroad before the filing date.

How do I apply for a patent?

Before applying for a patent, it is necessary to conduct a search to find out whether there is a similar invention or design in the past, determine whether to apply for a patent, and consider which type of patent (invention, utility model, design) to apply for.

The patent applicant is generally an individual who completes the invention. The applicant for the joint invention is a unit or individual that has completed or jointly completed the invention; The applicant for the entrusted invention is the unit or individual who completed the invention; The applicant for the service invention is the unit; The application in the name of the unit must be accompanied by an official seal. A list of inventors or designers is to be provided.

To apply for an invention or utility model patent, a technical disclosure letter shall be provided to the patentee, and the content of the invention and creation applied for a patent shall be written into a complete and detailed description in accordance with the provisions of the Patent Law, and the adequacy of the disclosure of the content shall be subject to the fact that a person skilled in the technical field can realize it in accordance with the specification. and provide the following information:

1) Name;

2) the technical field to which it belongs;

3) To the best of the applicant's knowledge, state the understanding of the invention or utility model, search and examination of useful background art, and cite documents reflecting such background art;

4) the purpose of the invention or utility model;

5) Specify the technical solution of the claimed invention or utility model so that it can be understood by a person skilled in the art and can achieve the purpose of the invention or utility model;

6) The invention or utility model has an interactive effect compared with the background technology;

7) Drawings are provided;

8) A detailed description of what the applicant considers to be the best way to realize the invention or utility model with reference to the drawings.

If you apply for a design patent, you will be provided with a sample or**.

Article 22 of the Patent Law of the People's Republic of China for which a patent right 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 23.

The design for which the patent right is granted shall not be an existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date.

The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.

The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.

For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.

Rule 24 The novelty of an invention-creation for which a patent application is made shall not be lost under any of the following circumstances within six months prior to the date of application:

1) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

2) It is first published at a prescribed academic conference or technical conference;

3) Others leak their content without the applicant's consent.

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

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) substances obtained by the nuclear transformation method;

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

A patent application must meet the following conditions before it can be accepted:

1.Novelty: It 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 it is recorded in the patent application documents or published patent documents published after the application date.

2.Inventive step: refers to the invention with outstanding substantive features and significant progress compared with the existing technology before the filing date, and the utility model has substantial features and progress.

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

Legal basis] Article 2 of the Patent Law, the term "invention-creation" in this Law 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.

Applying for a patent requires the following process:

1. To apply for a design patent or utility model patent, you need to file an application, preliminary examination, approval and authorization;

2. Applying for an invention requires the process of filing an application, preliminary examination, substantive examination, and approval of the right to grant a positive right.

[Legal basis].

Article 26 of the Patent Law of the People's Republic of China.

Where an application is made for a patent for invention or utility model, the request, description, abstract and claims and other documents shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; When necessary, there should be a picture of the tribe's repentance. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

Article 27.

Where an application for a design patent is made, a written request, a brief description of the design and a brief description of the design shall be submitted.

Here it is:Chengdu line patentI hope the answers made for you will be helpful.

1. Conditions to be met for a patent application:

As we all know, we in China are quite strict about the novelty, advancement, and industrial practicability requirements of the invention for which we apply for patents.

Condition 1: Novelty condition: The invention is unprecedented in the original art, has not been publicly published, and has not been publicly applied (oral disclosure is not acceptable).

Condition 2, advanced conditions: the technology is better than the original technology, more advanced, the general staff in the industry do not know, difficult to find.

Condition 3, practical conditions: the invention can be put into specific applications to create industrial value.

At the same time, for different inventions, the corresponding patent rights should be dealt with. For new technical solutions for products, methods or improvement of products and methods, invention patents can be handled; For the shape, structure or combination of the product, the utility model patent can be handled; For the shape, pattern or new design combined with the color of the product, it is suitable to apply for a design patent.

2. The process of applying for a patent is as follows:

(1) Application for invention patent

1. Examination and approval process for invention patent application: patent application - acceptance - preliminary examination - publication - request for substantive examination - substantive examination - authorization

2. Documents to be submitted to apply for an invention patent.

2) Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

4) Drawings of the specification: Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.

(2) Application for utility model patent

1. Approval process for utility model patent application: patent application, acceptance, preliminary examination, authorization

2. Documents to be submitted to apply for a utility model patent.

2) Description: including the name of the utility model patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment. The content of the specification shall be written in detail, and the technical content shall be subject to the fact that a person skilled in the art of the art can realize it after reading.

4) Drawings of the specification: The utility model patent must have a description of the drawings.

5) Specification abstract: clearly reflect the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.

(3) Application for a design patent

1. The process of applying for a design patent: patent application - acceptance - preliminary examination - authorization

2. Documents to be submitted for appearance patents.

3) Brief description of the design: A brief description of the design should be submitted if necessary.

In China, there are three types of patent applications: appearance patent applications, utility model patent applications, and invention patent applications.

Design patent application.

1) For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application" together with a brief description of the design, and submit the application documents to the State Patent Office.

After submitting the application, you can get the Notice of Patent Acceptance in about a week; About 3-5 months, the Patent Office will issue the Notice of Grant of Design Patent Right and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.

2) Application for utility model patents and invention patents.

Both utility model patents and invention patents need to be drafted with a patent specification and submitted to the State Patent Office together with the application for the patent. Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination".

1. After the application for utility model patent is submitted, the "Notice of Patent Acceptance" can be obtained in about a week; In about six months, the Patent Office issues the Notice of Grant of Utility Model Patent and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.

2. After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about a week;

After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered; If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months. The invention patent application process takes about three years.

If the above three types of patents are applied by individuals (only for individuals in Chinese mainland), they can submit a "Application for Fee Reduction" together to request a reduction of the application fee and the first three annual fees.

If the patentee files an application for an invention in one contracting state and then files an application in another contracting state within the prescribed time limit, the applicant has the right to request that the date of the first application be used as the date of subsequent filing, which is the priority date, and according to the provisions of the Patent Law of the People's Republic of China and its implementation rules, the following conditions must be met to obtain the priority right:

1. If the applicant applies for priority abroad, the foreign country accepting the applicant's first application must have jointly participated in an international treaty with priority provisions with China, or signed a bilateral agreement with China on mutual recognition of priority, or recognized that Chinese nationals enjoy priority in that country;

2. Patents for applying for foreign priority include invention patents, utility model patents, and design patents;

3. Patents for which national priority is applied include invention patents and utility model patents;

4. To apply for foreign priority, the first application must be a formal application on the priority date accepted and granted by the foreign patent authority, and whether the application can be approved does not affect the basic conditions for applying for priority;

5. To apply for national priority, the first application must be a formal application accepted by the patent administration department and given a priority date. However, if the first application has claimed foreign or domestic priority at the time of filing the latter application, or has been granted a patent right, or it is a divisional application filed in accordance with the regulations, it cannot be used as a basic condition for applying for domestic priority;

6. Whether applying for foreign priority or domestic priority, the latter application must have the same subject matter as the previous application, and if the latter application exceeds the subject of the previous application, it does not enjoy the right of priority, but can only apply for priority in respect of the common part;

7. In the case of a joint application, one of them is allowed to enjoy the priority and the priority date is also allowed to be enjoyed separately;

8. If the applicant applies for the right of national priority, the type of patent application may be changed, and the priority right shall not be affected, as long as the subject matter of the later application is the same as that of the previous application;

9. The next application in China must be filed within the priority period, and the subsequent applicant must also be satisfied that the subsequent applicant is the legal heir of the previous applicant;

10. The application for priority must be declared at the same time when applying for rights, and a copy of the previous patent application made by the patent administration department of the People's Republic of China within the three-month time limit stipulated in the Patent Law of the People's Republic of China shall be submitted.