What are the basic conditions for applying for intellectual property rights?

Patents must have technical solutions.

The trademark has at least one name or logo.

The following conditions are required for an IP application:

1. Where an application for a patent is made, it shall meet the conditions of practicality, novelty and inventiveness within the scope of invention, utility model and design;

2. If the applicant applies for a trademark, it shall meet the conditions such as having the characteristics of being obvious and false, and the applicant for trademark registration must engage in production and business activities;

3. Other conditions.

[Legal basis].

Article 3 of the Copyright Law, which came into effect on June 1, 2021.

"Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including:

1) Written works;

2) oral works;

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

(6) Cinematographic works and works created by methods similar to those used to make films.

Article 2 of the Patent Law, which came into force on June 1, 2021.

For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs.

Article 8 of the Trademark Law of the People's Republic of China.

Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark.

Legal Analysis: Trademark Registration Applicants Must Possess Requirements: Trademark Registration Applicants Must Be Enterprises, Public Institutions, Social Organizations, and Individual Industrial and Commercial Persons Who Established the Qing Dynasty.

Materials to be submitted for trademark registration: a copy of the business license and a copy of the identity certificate of the operator, 3 copies of the trademark registration application, and a letter of introduction from the company.

Legal basis: Article 22 of the Trademark Law of the People's Republic of China The applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the commodity classification table specified in the imitation stool, and submit an application for registration.

An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.

The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

The conditions required to apply for the right of the Intellectual Property Reform Department are: the applicant is a qualified subject, the corresponding materials are submitted at the time of application, the application procedure is qualified, and the intellectual property rights applied for have certain characteristics. It is specified in the Patent Law of the People's Republic of China, the Copyright Law of the People's Republic of China and the Trademark Law of the People's Republic of China.

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, a written request, a description and its abstract and claims 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; Where necessary, drawings should be available. 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 patent protection claimed.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Legal analysis: Intellectual property rights include three fields, trademark rights, patent rights, and copyrights, and the conditions required for intellectual property applications in different fields are different.

Legal basis: Measures on Regulating the Conduct of Patent Applications

Article 2 The term "abnormal patent application" as used in these Measures refers to the act of any unit or individual, not for the purpose of protecting innovation and not on the basis of real invention-creation activities, for the purpose of obtaining improper benefits or fictitious innovation performance or service performance, submitting various types of patent applications, patent applications, transferring patent application rights or patent rights, etc., individually or in collusion.

Article 3 Where the State Intellectual Property Office discovers or learns of it on the basis of a report in the procedures for the acceptance, preliminary examination, substantive examination and reexamination of a patent application or the procedures for the international stage of an international application, and preliminarily determines that there is an abnormal application for a patent referred to in these Measures, it may form a special examination working group or authorize an examiner to initiate a special examination procedure in accordance with these Measures, handle it in batches and centrally, notify the applicant, and require it to immediately stop the relevant acts. and take the initiative to withdraw the relevant patent application or request for legal formalities within the time limit specified in the term, or state opinions. Huaiju.