What are the conditions for the patent application function Multiple choice questions

Hello, the conditions for applying for a patent (granting a patent) right.

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 means 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 no application for the same invention or utility model has 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 impede 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.

Hope it helps.

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1) "Invention" refers to a new technical solution proposed for a product, a process or its modification.

2) The invention 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, 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. 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.

Practicality refers to the fact that the beam cavity of 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. If you have the above three characteristics, you can apply for a patent.

Inventions and utility models for which a patent is granted in accordance with Article 22 of the Patent Law 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. The term "prior art" as used in this Law refers to the technology that was known to the public at home and abroad before the application for filial piety. Article 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. Article 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. To the preceding paragraph.

4) The method of production of the products listed in subparagraph may be granted a patent in accordance with the provisions of this Law.

Technologies that meet the conditions of novelty, inventiveness, and practicability can be patented. Patents are divided into three types: invention, utility model and design, and different patent applications require different materials. So, what kind of technology can be patented?

Let's find out together with the legal open. 1. What kind of conditions can be applied for a patent for a technology A technology with the following conditions can be patented: 1

The technology is one of the inventions, utility models and designs; 2.The technology is an invention and a utility model, and should be novel, inventive and practical; 3.Other conditions.

2. What is the process of applying for a patent The process of applying for a patent is as follows: 1filing an application with the national patent administration department; 2.

Submit application materials in accordance with regulations; 3.Preliminary examination after acceptance; 4.Publication will be made immediately after the preliminary examination; 5.

Substantive examination at the request of the applicant; 6.After passing the substantive examination, the invention patent certificate is authorized to be issued, and it shall be registered and announced at the same time. 3. What is the time limit for applying for patent reexamination The time limit for applying for patent reexamination is within three months from the receipt of the written notice of rejection of the application, and the three months are calculated as three months from the date of receipt of the rejection application, and the applicant shall apply to the Patent Reexamination Board for reexamination.

The applicant will be notified of the result of the review. The above is the content related to the patent application of Hengmacromo technology that can be applied for in detail for you in detail. Hope it helps.

If you have any legal questions, it is recommended to consult a professional lawyer.

Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" as used 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.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the overall or partial shape and pattern of the product or its combination, as well as the combination of color, shape and pattern. Article 22 of the Patent Law of the People's Republic of China provides that an invention or utility model for which a patent right is granted shall be novel, inventive and practical.

There is a need to ensure that there is a certain basis.

Applications need to be made in writing.

Even the paper quality of our own application documents needs to be better, so that we can meet the requirements of accurate preservation at this time. And for such a document, it is basically a state to be kept for many years. If we ourselves are not able to understand such a problem, there will be a lot of loopholes in the future.

First of all, there can be no particularly serious plagiarism, it must be unique, it should also have a unique significance, and it should also have a founding concept, and it is also necessary to prepare a personal ID card and passport, as well as a household registration book and related copies, and also need to prepare a business license.

First of all, the patent application must not be illegal, not contrary to social morality, not hindering the public interest, not imitating plagiarism, not conflicting with others or existing patents, and secondly, it must have practicality, originality and novelty.

First of all, you need to meet certain conditions and standards, and then you also need to provide your personal ID card and related procedures, fill out the application form, submit it to the staff, and then wait for the staff's review. Patents need to be particularly innovative, and at the same time, there can be no plagiarism or similarity.

1. Principle of writing: The principle of writing, which means that the patent application must be submitted in writing to the patent administration department.

2. First-to-file principle: Only one patent can be granted for an invention-creation with the same content. Therefore, if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed first.

3. The principle of unity: It means that the application for a patent for an invention or utility model shall be limited to one invention or utility model, and the application for a design patent shall be limited to one design used in one product.

4. Principle of priority: If an applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he or she is a party, or in accordance with the principle of mutual recognition of priority.

1. Write and submit the documents by yourself, and you can go to the reception hall of the State Intellectual Property Office, the reception hall of the agency, or by mail. After the application is completed, he will send you a notice of acceptance, which will indicate your patent application number, the amount of the application fee to be paid, and the deadline for payment. If you don't know too much about the patent, it's best not to apply for it yourself, because applying for it yourself is likely to lead to the failure of the patent application and cause irreparable losses.

2. Declare through the first institution: Before going to the first institution, you need to prepare some materials for the patent you declare, and after arriving at the first institution, tell the person who wants to declare the patent product, and he will help you analyze how many patents to apply for and what kind of patents to report, so as to get full protection. After that, according to the requirements of the first person, sort out the materials of your patent application again, and then sign the contract with the first company, power of attorney and other formalities, and only need to wait for the draft.

After that, the materials will be declared to the national bureau through the ** agency, and the follow-up procedures ** agency will help you deal with it, you only need to wait for the notice.

1. What are the components of the patent transfer fee?

1. The fee collected by the state department shall be submitted to the State Intellectual Property Office for the application for change of bibliographic items, and the handling fee for the change of bibliographic items shall be paid within one month from the date of the request.

2. The transfer fee of the patent right is considered according to the type of patent, technology, etc., ranging from thousands to hundreds of thousands, which requires you to negotiate with the other party.

3. The agency fee is the fee charged by the institution for the provision of various services to the client.

Each ** agency has its own regulations and algorithms, ** fees mainly include the provision of consultation, preparation of application documents, and from the acceptance of the application by the patent office to the final grant or rejection of some transactions in the process, usually in the entrustment of a shout-out, of course, according to the client and the content of the difference, the amount and payment method can still be negotiated by the two parties, and the specific agreement can be signed by both parties to agree.

Generally speaking, the cost of fiber chain is about 300 3000 yuan. In addition, the cost of the patent evaluation report is about 3,000 yuan.

2. How to obtain the qualification certificate.

After the patent application is successful, a patent qualification certificate will be sent.

Steps to apply for a patent:

1. Write patent application materials, including patent applications, abstract abstracts, abstract drawings, rights to destroy the spring grandson request, specifications, drawings and other documents, one of the above documents is indispensable, the writing requirements of the documents are very strict, you need to find a first-class institution or professional to help you.

2. Send the patent application materials to the Patent Office of the State Intellectual Property Office and wait for the acceptance notice.

3. Pay the patent application fee in time after receiving the acceptance notice and wait for the patent grant notice.

4. Wait until the patent authorization notice to pay the fee in time and wait for the patent certificate.