Examination of novelty, examination of novelty, appracticability and its inventive step

1. From the perspective of application alone, at present, China's utility model patent application preliminary examination system, as long as your patent is not obviously not novel and practical, it can be granted, and inventiveness is not reviewed. Generally speaking, it can be authorized.

2. From the perspective of patent law, the novelty of a utility model simply means that your improvement point is not known to the public before you apply for a patent. Practicality is generally available, as long as it is not a perpetual motion machine or dependent on the unique natural environment. Inventiveness is very complicated, you need to take your technical solution to comment specifically, and generally have to go through the patent office examiner after searching, take some search comparison documents to comment, here will not comment.

3. After you improve, the invention and creation will belong to you, but you are improved on the basis of others, even if you get the patent right, but you cannot implement your patent alone without the permission of others, that is, you need to be authorized by others to manufacture, use, sell, promise to sell and import for the purpose of production and operation.

Answer, support me.

Before August of this year, only the formal examination of utility models will be carried out, and after August 2013, the novelty examination will be carried out, and the exact same patent will be rejected;

2. The imitation patent means that there are some technical improvements, and this kind of patent can be authorized;

3. If there is no improvement in technology, the examiner does not search the same document, there is still the possibility of being authorized, although this kind of patent is authorized, but the right is unstable, may be invalid and the right does not exist from beginning to end.

If it is discovered, someone else may file a request for invalidation of the patent, so that the patent does not exist and you do not have the patent right.

1. Analyze whether the formal requirements of the comparison document meet the requirements of novelty review, and determine whether the comparison document is prior art or a conflicting application.

2. If the formal requirements are satisfied, determine whether the technical solution of the claimed protection is disclosed by the comparison document, wherein the principle of separate comparison is adopted.

3. If the technical solution of the claimed protection is not disclosed in the comparison document, it means that the technical solution of the claim is novel. Crude lead.

4. If the technical solution protected by the claim is disclosed in the comparison document, it is then judged whether the scheme disclosed in the comparison document is applicable to the same technical field as the technical solution of the claim, and whether it can solve the same technical problem and obtain the same technical effect. If so, it means that the technical solution of the claim is not novel.