1, complete materials;
2, the parties have the capacity for civil conduct and civil rights to apply for a patent;
3. Inventions and utility models applying for patent rights shall be novel, creative and practical;
4. The contents of the invention-creation and the procedures for applying for a patent do not violate the law;
5. Other conditions.
I. Types of patents
1, invention patent
The definition of invention in the second paragraph of Article 2 of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement." The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
2. Patent for utility model
The definition of utility model in the third paragraph of Article 2 of China's Patent Law is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the protection scope of utility model patent is narrow, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent for utility model is granted without substantive examination, with simple procedures and low cost. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents.
3. Design patents
The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." And in Article 23 of the Patent Law, the conditions for its authorization are stipulated: "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has applied to the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date that "the patent design should be obviously different from the existing design or the combination of existing design features" and "the patent design should not conflict with the legal rights that others have obtained before the filing date".
Second, what should I do if the patent right is infringed?
1, requesting the patent administration to mediate:
The patent administrative organ refers to the patent administrative organ established by the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones. When the patent right is infringed, the patentee or interested party may request the patent office where the infringement occurred or the patent administration department of the superior competent department of the infringing unit to handle it.
2, to the people's court:
When the patent right is illegally infringed, the patentee or the person with conflict of interest may bring a lawsuit directly to the people's court, or bring a lawsuit to the people's court after the patent administration organ handles it. The intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts of special economic zones are the courts of first instance, while the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance.
legal ground
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.