What are the requirements for applying for a patent and what are the requirements?

The requirements for applying for a patent are inventiveness, practicality, and novelty. A patent right, referred to as a "patent", is a type of intellectual property right that the inventor-creator or the assignee of his rights enjoys in accordance with the law for a specific invention-creation within a certain period of time.

Can anyone give me a detailed introduction to some relevant information and related concepts about patents? Don't pull a big page from the Internet and look at it with a headache. What can be patented and what are the requirements?

What to submit? Looking for those relevant departments? Actually, it's not much, it's good to calm down and take a look, after all, your vital interests are at stake.

The object of protection of a patent right is an invention or creation. Article 2 of the Patent Law of the People's Republic of China: The term "invention-creation" in this Law refers to inventions, utility models and designs.

According to the provisions of China's law, there are two kinds of intellectual achievements that can be patented, one is a technical solution and the other is a design scheme. There are three types of patents for invention, utility model and design. Paragraph 1 of Article 2 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China:

The term "invention" in the Patent Law refers to the technical solution proposed for the product, process or improvement thereof, paragraph 2: The term "utility model" in the Patent Law refers to the new technical solution for the shape and structure of the product or its combination. Paragraph 3:

For the purposes of the Patent Law, the term "design" refers to a new design that is aesthetically pleasing to the shape, pattern or combination thereof, as well as the combination of color and shape and pattern, and is suitable for industrial application.

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 clearly state the name of the invention or utility model, the name of the inventor or designer, 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 state the scope of the claimed patent protection.

Where an application for a design patent is made, a written request and documents such as ** or ** of the design shall be submitted, and the product to which the design is used and the class to which it belongs shall be clearly stated.

The content of the patent application must meet the requirements of novelty, inventive step and practicability. According to Article 22 of the Patent Law, 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 publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with 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 existing before the filing date, 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.

If an application for a design patent is made, it must meet the provisions of Article 23 of the Patent Law: the design for which the patent right is granted shall be different and not similar to the design that has been publicly published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the prior legal rights of others.

The conditions for applying for a patent are: 1. The patent applicant needs to be familiar with the patent law and implementation rules, and have a detailed understanding of what a patent is; 2. The patent applicant must first conduct a patentability investigation on the project to be applied for a patent; 3. The patent applicant must also analyze and investigate the market prospects and economic benefits of the project to be applied for a patent; 4. Patent applicants need to understand the writing format and drafting requirements of patent documents when filling in the application.

What are the conditions for applying for a patent?

1. Novelty, that is, the product for which the patent is applied is not an old product, has not been applied for by others in any form, has not been announced or registered by the relevant authorities, and is a brand-new patented product, so it can enjoy the right to register a patent. Applicants include individuals, enterprises or organizations with the right to apply. In particular, utility model and design patents attach great importance to this requirement, because the utility model has a new word in its literal content, and if it does not meet the requirement of novelty, then it means that the technology has not brought about an innovative effect, and there is no need for patent protection.

At the same time, for the determination of novelty, it is mainly through the application and description of the patent applicant and the provision of similar products for comparison, so as to be more conducive to the success of the patent application.

2. Inventiveness, that is, the technological innovation and substantive effect of this kind of product on the date of application are more inventive, and it is not as novel as the appearance, and the inventiveness is more about the substantive effect that the product can play has certain requirements. However, there is no specific standard for how much a specific effect can be affected, and how much of an effect can have an impact. However, the difference between its inventiveness and similar products shall be explained and enumerated by the applicant, and the personnel of the relevant departments shall review and judge.

The requirement also restricts the protection of patent rights, which does not mean that any product that does not have a certain value can be patented, and it is also to better prevent the abuse of patent rights.

3. Practicability is generally required in the product of utility model. The main function of the application for this kind of product is to protect the product created by the patent applicant has more market and economic value, if the production of this kind of product is more complex for the production work, the efficiency is lower, then it does not have the effect of practicality, and naturally there is not much protection value, after all, the infringing products are valued by the interests of the product itself, and the impact of its interests is generally its practical value.

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.

A patent application requires that the invention is novel, practical, and reproducible. If these conditions are met, a patent can be filed.

The conditions that need to be met for a patent application are:

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

To apply for a patent, three conditions must be met: practicality, inventive step and novelty.

Legal analysis: The following conditions need to be met for a patent application: 1. The applicant has the subject qualification to apply for a patent; 2. The object of the patent shall be within the scope of invention, utility model and design; 3. Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Legal basis: Patent Law of the People's Republic of China

Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

Rule 22 Inventions and utility models 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; There is also no unit or individual for the same invention or utility model before the filing date to the administrative department of the patent Qilu administrative department, and recorded in the patent application documents published after the application date or the published patent documents. 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 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.