What are the conditions for applying for a patent, and what conditions need to be met for speeding u

Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract.

A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted. 2. At the examination stage, China implements a preliminary examination system for utility model patent applications.

During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds. Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents and other documents specified in Article 26 of the Patent Law

The patent application must have:

1. Novelty; 2. Creativity; 3. Practicability.

It does not violate the provisions of Article 25 of the Patent Law.

If the combination of the two patents can be distinctively different from the previous one, a utility model patent can be applied.

Another: If you have applied for a patent in advance or have not been modified in any way, you cannot apply for the same principle in the two different fields you are talking about, and it does not have the characteristics of novelty.

If the structure of the two patented products changes after the combination, resulting in a new function, a patent can be applied.

The content of the patent application is unitary.

An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models that belong to one general invention idea may be filed as one application.

No, no can apply.

It's hard to say whether it can be granted or not, there is novelty, but it's hard to say in terms of inventiveness.

This depends on the writing skills and replies of the ** person you are looking for, and whether the examiner agrees to be creative.

Therefore, many times it is not what you feel you have or don't have, but it depends on the writing ability of the ** person.

1. You can apply.

2. Your example is something with different principles.

1. Invention patent: application - acceptance (obtaining the patent application number) - preliminary examination - disclosure (18 months after application) - substantive examination - authorization announcement (issuance of patent certificate).

2. Utility model patent: application - acceptance (obtaining patent application number) - preliminary examination - authorization announcement (issuance of patent certificate).

3. Design patent: application - acceptance (obtaining the patent application number) - preliminary examination - authorization announcement (issuance of patent certificate).

Article 26 of the Patent Law of the People's Republic of China provides that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims.

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 specification shall give a clear and complete description of the invention or utility model, which shall be subject to the fact that a skilled person in the technical field can realize it; 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 Qi Hong's description and clearly and concisely define the scope of the claimed patent protection.

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.

Article 35 of the Patent Law of the People's Republic of China provides that within three years from the date of filing of an application for an invention patent, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

Article 34 of the Patent Law of the People's Republic of China*** After receiving the patent application of the patent application of the Patent Administration, if it is found to meet the requirements of this Law after preliminary examination, it shall be published immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Article 39 of the Patent Law of the People's Republic of China If no reason for rejection is found in the application for invention patent after substantive examination, the patent administration department shall make a decision to grant the invention patent, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

1. What is the patent examination and approval procedure According to the Patent Law, the examination and approval procedure for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. There are only three stages in the examination and approval of a patent application for utility model or appearance design, so there are only three stages.

For invention patent applications in the substantive examination stage, utility model and design patent applications after paying the application fee may be submitted with priority examination materials, including a request for priority examination signed by relevant departments or provincial intellectual property offices, explanations and corresponding supporting materials, prior art or prior art information materials. In addition, the patent application for priority examination should be filed electronically, and it is recommended that the applicant use the electronic application in XML format to facilitate the examination cycle.

For the circumstances (1) and (3) stipulated in Article 3 of the Administrative Measures for Priority Examination of Patents, the applicant shall provide the supporting materials that can prove that the content of the invention meets the mentioned circumstances. For situation (2), it is necessary to submit the supporting materials issued by the municipal people. For scenario (4), for those who are ready for implementation, they can provide product **, product catalog, product manual, etc.; Proof that the commission has begun or that there is a potential infringement, and proof of the transaction or sale of the product can be provided.

In case (5), when filing a patent application through the Paris Convention for the Protection of Industrial Property, a Chinese translation and signature are required for submitting a notice of acceptance by the corresponding national or regional patent examination authority; When filing a patent application through the Patent Cooperation Treaty, it is sufficient to enter the CT patent number in the request for priority examination. Circumstance (6) generally refers to a major national event.

The priority examination of the patent application shall be subject to the consent of all applicants, so the priority examination materials should be signed by all applicants, and the premise of the first agency signing on behalf of the first applicant is that all the applicants issue a letter agreeing to the priority examination and entrusting the first agency to handle it.

The priority examination materials shall be submitted in paper form or mailed to the State Intellectual Property Office, and the addressplace shall be the Affairs Service Office of the Preliminary Examination and Process Management Department of the Patent Office of the State Intellectual Property Office, at No. 6, Xitucheng Road, Jimenqiao, Haidian District, Beijing, and the zip code is 100088.

Within 3 to 5 working days after receiving the request for priority examination, the CNIPA shall issue a notice of approval or rejection of the priority examination to the requester in paper form according to the contact person's address on the request for priority examination.

For invention, utility model and design patents, if you want to apply for accelerated examination at the application stage, the following conditions need to be met:

1. The content falls under the circumstances specified in Article 3 of the Measures (at least one item is satisfied):

1) Involving energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries;

2) Industries that involve the key encouragement of the people at the provincial and districted city levels;

3) Involving fields such as the Internet, big data, and cloud computing, and the technology or products are updated quickly;

4) The patent applicant or the applicant for reexamination has prepared for exploitation or has already begun to exploit it, or there is evidence to prove that others are exploiting the invention-creation;

5) Where a patent application is filed in China for the first time in respect of the same subject matter and then an application is filed in other countries or regions, the first application in China;

6) Other matters of great significance to the national interest or public interest that need to be reviewed on a priority basis.

The method is patentable. First of all, it is necessary to clarify the content of the method, except for intellectual activities, disease diagnosis and ** methods, all of which can be applied for invention patents. However, being able to apply for a patent does not mean that a patent can be authorized, and a method patent must at least meet the requirements of novelty, inventiveness and practicability in terms of content, and can only be granted after passing the examination and approval of the State Patent Office.

2. Lost work pay: Lost work pay is determined according to the victim's lost time and income. 3. Nursing fee:

The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. 4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer.

5. Hospitalization meal subsidy: The hospitalization meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition fee:

The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution. 7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

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. 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.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

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; 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. 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.

on 26 Jan 2022