My friend s invention, can I apply for a patent

It depends on what kind of invention it is, and whether it has the basic three elements of applying for a patent.

China's Patent Law stipulates that an invention for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention does not belong to the prior art; There is no unit or individual who has filed an application for the same invention with the patent administration department before the filing date, and it is recorded in the patent application documents published after the application date or the patent documents announced. 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.

Practicality means that the invention can be manufactured or used and can produce positive effects. Prior art refers to technology that was known to the public at home and abroad before the filing date. Therefore, novelty, inventiveness and practicability are the substantive conditions for granting an invention patent.

The application procedure for invention patents consists of seven stages: application, acceptance, preliminary examination, publication, substantive examination, authorization and publication. To apply for a patent, the prescribed patent application documents shall be submitted to the State Intellectual Property Office, which must be in written or electronic form and filled in in accordance with the prescribed format. Where an application is made for an invention patent, the application documents shall include:

The application for a patent for invention, the description (with drawings if necessary), the claims, the abstract and its drawings shall be in duplicate. 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 are the core of the application documents, and the scope of the claimed patent protection should be stated on the basis of the description.

How to apply for a patent for an individual invention:

1. The parties themselves or entrust others to submit an application to the patent administration department;

2. After receiving the application for invention patent, the patent administration department shall conduct a preliminary examination for a period of 18 months;

3. If the application for invention patent passes the substantive examination within three years from the date of application, a certificate of invention patent shall be issued, and it shall be registered and announced at the same time.

Article 26 of the Patent Law.

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.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date.

The patent administration department may publish the application at an early date at the request of the applicant.

Article 35.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time.

The invention patent right shall take effect from the date of publication.