Is there a framework for applying for a patent? Can the structure be similar to that of a patent?

There is a framework for applying for a patent. After the patent application is successful, the relevant patent certificate will be issued. Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are authorized and announced only after preliminary examination.

The following materials are required to apply for a patent:

3. The design patent needs to submit a request, design ** or **. It takes about 8-12 months for utility model and design patents, and after the formal examination is passed, a notice of authorization will be issued, and the certificate will be obtained in about 2-3 months after the payment of the license fee. The specific time depends on the speed of examination by the examiner, the degree of detail of the applicant's information and the availability of drawings.

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.

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.

Article 3 The patent administration department shall be responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.

Article 6 An invention-creation completed in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit shall be a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the employer, and after the application is approved, the unit is the patentee. The unit may dispose of its right to apply for a patent for a service invention-creation and the patent right in accordance with the law, and promote the implementation and application of the relevant invention-creation.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee.

Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.

Yes, if you don't want to apply for a patent, if you are not familiar with it, ask me.

Hello I am glad to answer for you, can the similar structure of the grandson pass the patent, can not pass, if it has novelty, inventiveness and practicability, you can apply for an invention patent or utility model patent. Legal basis: Article 22 of the Patent Law stipulates that 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. Practicality, Zi Ma 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. Article 23 of the Patent Law provides that a design for which a patent right is granted shall not belong to an existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the date of return of the application trace, and it is recorded in the patent documents published after the filing date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.

The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date. For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.

Summary. Hello dear, happy to answer your <>

The structure is similar and patentable.

Can the structure be similar to that of a patent?

Hello dear, happy to answer your <>

The structure is similar and patentable.

Legal Analysis: 1. Determining the technical field is essentially determined by the technical problem, not by the actual application field of the patent. For example, a square container can be used to hold drinks in the field of office supplies, it can also be used to hold and put bath liquid in the field of washing and washing and washing products, and it can also be used to hold molten metal in the field of smelting.

From the point of view of technical problems, the first two applications solve the same problem, both are to hold ordinary liquids, so they belong to the same technical field, and the last application is the holding of special liquids, which has special requirements for the ridge forematerial and strength of the container, so it belongs to different technical fields. 2. Only one patent can be applied for in the same technical field and the same technical solution; Different technical fields, because of the different problems solved, although the technical solutions are similar in structure and principle, must have special features, so they can apply for different patents. This is just like the two wings of an airplane are used in a submarine, because the environment in which it is used has changed, the problems solved are naturally different, and it must be different from those used in an airplane, so different patents can be applied.

Legal basis: Article 102 of the Civil Code of the People's Republic of China Where civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability. Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation.

Where there is no infringer, the infringer escapes, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

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Kiss That's what special point you need to see if the other person changes.

Yes**Consultation is not.

The voice consultation platform is available for an additional fee.

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The prerequisites for a patent application are novelty, inventive step and practicality. In other words, no matter whether the structure of your invention is simple or complex, you can apply for a patent as long as you meet the three characteristics of the patent. And the simpler the structure, the more important it is to apply for a patent and obtain legal protection to prevent competitors from copying.

If you have any other questions, you can go to Zhizhuxia Intellectual Property to understand.