Can the state build a patent exchange platform?

There are many patent exchange platforms. It does not need to be formed by the state.

First of all, all patents can be searched. The state already has a platform for external inquiries.

Secondly, many commercial query software can also find patents. For example, soopat, such as Baiteng.com, etc.

Patents are not a small industry, and the number of patents in the country is very large. There are also IP departments in various places where they can communicate.

Patents are not permitted. The second paragraph of Article 2 of the Patent Law of the People's Republic of China defines an invention as follows: "An invention refers to a new technical solution proposed for a product, a process or an improvement thereof." And ** does not fall into the above category.

Invention patents. The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids, gases and other items with a certain shape and structure. The so-called method refers to the method of processing raw materials into various products.

An invention patent does not require that it is a technical achievement that has been proved in practice to be directly applied to industrial production, it can be a solution to a technical problem or an idea, and has the possibility of industrial application, but this cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof, which mainly reflects novelty, inventiveness and practicability. Patented inventions are further divided into two categories: product inventions (e.g., machines, instruments, appliances) and process inventions (manufacturing methods).

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Conditions for applying for invention patents: China requires that the invention should be novel, advanced and industrially practical.

Novelty means that the invention is not in the prior art, i.e., it is not known to the public at the date of filing the patent application or priority date. Novelty is forfeited if it is disclosed in writing, on tape, on recording, photographically, orally or by use.

Advanced nature, also known as inventive step, refers to the fact that the invention is more advanced than the prior art at the time of applying for a patent, and the degree to which it belongs is not obvious to ordinary professionals in the technical field. Utility refers to the ability of an invention to be manufactured and used in an industrial context.

The inventions referred to in the Patent Law are divided into two categories: product inventions (such as machines, instruments, equipment and appliances, etc.) and process inventions (manufacturing methods). No patents are granted for inventions in certain technical fields, such as methods for diagnosing diseases and substances obtained by nuclear transformation methods.

The invention of computer software depends on whether it is pure computer software or special software that can be combined with hardware, and is treated differently, and the latter can be protected by a patent. As for inventions involving microorganisms, it is also possible to apply for an invention patent. However, it is necessary to submit the certificate of microbial preservation on time.

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.

What are the requirements for a national invention patent application?

According to the provisions of China's Patent Law.

As long as the content of the invention created by the inventor complies with the relevant regulations, and no one has applied for a patent for the invention, the patent can be applied. However, whether the application can be approved or not needs to be determined after a certain amount of review.

Many people are not clear about the application process and conditions for invention patents, but it is worth noting that only one type of patent can be granted in an invention-creation. And we all know that patent rights can be divided into invention patents, utility model patents, design patents and so on. The following article will mainly introduce the application conditions for invention patents and other related issues.

Requirements for applying for an invention patent.

According to the provisions of the Patent Law of the People's Republic of China, as long as the content of the invention and creation of the inventor complies with the relevant regulations, and no one has applied for a patent for the invention, the patent can be applied. However, whether the application can be approved or not needs to be determined after a certain amount of review. And the patentee needs to pay an annual fee to keep the patent right in a valid state.

In general, applying for a patent can be divided into the following processes:

1. The applicant submits the relevant application documents to the Patent Office, and the Patent Office determines whether the application conditions are met and determines the application date and application number. The format of the application file shall be standardized, the handwriting shall be clear, and the applicant's name and relevant information shall be filled in correctly; The applicant shall pay the fee within the prescribed time after receiving the notice of acceptance;

2. The Patent Office examines the content of the invention, mainly examining the innovative practicability of the invention. The content of the invention shall be explained in detail in the materials submitted by the applicant;

3. After passing the examination, after passing the publication stage, if it is not disclosed in time, it is necessary to wait until 18 months have expired from the filing date, during which the applicant can have a temporary patent right;

4. Then the patent office needs to conduct a specific examination of the invention, and if the examination is not passed, the applicant shall make amendments within the specified time, and submit the examination to the patent office within 3 years from the filing date.

5. After passing the above steps, the applicant will be notified of the registration, and the applicant should register and pay the fee within two months, and then obtain the patent right of the invention after completion. It should be noted that all relevant procedures need to be completed within the specified time.

The results obtained in the process of technology development and new product development should be applied for invention patents because of their high technical level. For example, the application of laser technology is developed and researched, and the laser holographic or grating lame erosion method is applied to the manufacture of Taicheng leather, and a holographic grating synthetic leather is developed. Then, both the leather itself and its manufacturing method should be applied for an invention patent.

Another example: a drug developed by a biochemical technology method should apply for an invention patent for both the drug and the method of manufacturing the drug. For example:

A factory put forward a design scheme to improve the air compressor, the scheme is achievable, and the effect after its implementation will greatly reduce the production cost and improve the performance of the machine, and the scheme can be applied for an invention patent.

The technology for which an invention patent is applied can be either a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the prior art. Technical fields for which no patent is granted Diagnosis and method of disease, substance obtained by nuclear transformation method, etc.

The patent applied for should be novel, inventive and practical. As long as these conditions are met, and then there is no problem with the application materials submitted, then you can successfully pass the review. At that time, the CNIPA will grant the applicant a patent.

I don't know what you're asking"Yes, you can apply".Still"You can apply for approval".

If you use prior art, such as html, js, flash, etc., to make a ** that no one has ever made before (as far as the page is concerned), you will definitely not pass the patent office examination if you apply for a patent. Because this is not an innovation in technical solutions.

Of course, if you can create a complete set of network protocols that are useful, such as replacing existing technologies. And it is still possible to have practical application value, but this is basically not a personal matter, but a certain organization's business, so it can basically be said to be unrealistic.

Of course, you can still apply for software copyright, of course, the premise is that you have independent intellectual property rights, to provide most of the source**, but also after some review, I don't remember too clearly.

I learned about this because I have a piece of software that I want to apply for copyright. So knowing some of these aspects of knowledge, of course, is one-sided, not necessarily right.

No, it is not possible to apply for a patent.

This, depending on whether they have applied for an international patent, if they do, they can't, if they don't, then it's okay. Each country has its own patent protection. An international patent application is time-consuming and expensive (at least 150,000 RMB), so the chances of being able to apply are still very high.

I suggest you can send me the materials, I will help you do a free search, I do patents.

Patents are territorial, meaning that they are only legally protected in the region where their application is granted.

This is because China's Patent Law stipulates that an invention-creation protected by a patent shall possess "novelty, inventiveness and practicability", in which "novelty" means that no identical invention-creation has been recorded in a public publication before the patent application date, and no identical invention-creation has otherwise been known to the public, and there is no conflicting application. Therefore, patents that have been applied for abroad generally cannot be applied for in China, because there is no novelty, otherwise it is not very simple to search for some foreign patents to apply for patents in China. However, in practice, invention patents have undergone substantive examination (the examination is relatively strict, and many documents from all over the world will be searched).

However, utility model patents and design patents may be granted without conducting an international search during examination.

There must be a right of priority or assignment of priority.

Patents are available in domestic countries, PCT patent applications and Paris Convention patent applications in international areas.

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According to paragraph 2 of Article 22 of the Patent Law of the People's Republic of China, 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 Office before the filing date, and it has been recorded in the patent application documents published or published in the patent documents published after the filing date.

The invention or utility model for which a patent is applied must meet the criteria of novelty, be different from the prior art, and must not conflict with the application.

From a legal point of view, "applying for a patent in another country" may not be granted due to lack of novelty. In fact, it also depends on the nature of the product, whether it is easy to reverse engineer, that is, how difficult it is to prove the product for which the patent is applied and the product that has been used.

National patent application process:

1. Filling and writing patent application documents;

2. Acceptance of patent application;

3. How to pay the application fee;

4. Time for payment of application fee;

5. Patent examination and approval procedures;

6. Take the initiative to revise and correct the patent application documents;

7. Reply to various notices from the Patent Office;

8. The patent application is deemed to be withdrawn and restored;

9. Handle patent registration procedures;

10. Fees to be paid for registration;

11. Maintenance of patent rights;

12. Termination of patent right.

1. The applicant shall file a patent application in electronic form or in written form.

1. If the applicant applies for a patent in the form of an electronic file, he or she shall go through the registration procedures for the user of the electronic application in advance and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.

2. If the applicant applies for a patent in writing, he or she may submit the application documents and other documents to the acceptance window of the Patent Office of the Patent Office in person or send them to the "Acceptance Office of the Patent Office of the State Intellectual Property Office" (hereinafter referred to as the Acceptance Office of the Patent Office), or to the acceptance window of the Patent Office of the Patent Office located in the local area or to the "Patent Office of the State Intellectual Property Office".

At present, the Patent Office has set up representative offices in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou, Taiyuan and other cities.

2. The application documents to be submitted for patent application.

In the case of an application for an invention involving an amino acid or nucleotide sequence, the sequence listing shall be included in the specification, and the sequence listing shall be submitted as a separate part of the specification, and the page number shall be prepared separately, and a CD-ROM or floppy disk containing the sequence listing shall be submitted in accordance with the regulations of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office).

Where an invention or creation that relies on genetic resources is applied for a patent, the applicant shall explain the genetic resources in the request and fill out the genetic resources disclosure registration form, indicating the direct and original genetic resources. If the applicant is unable to explain the original **, the reasons shall be stated.

1. Patent application examination and approval process: patent application, acceptance, preliminary examination, publication, substantive examination request, substantive examination, authorization.

A description of the technical features of the invention and a clear and concise statement of what is sought. 4) Drawings of the specification: Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.