Direct application means that the applicant directly mails or submits his application documents to the acceptance office or agency of China National Intellectual Property Administration Patent Office. When applying for a patent, the applicant shall directly submit or mail the application documents to the reception office of China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception office of the Patent Office), or the offices of China National Intellectual Property Administration Patent Office in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun and Kunming (hereinafter referred to as the offices of the Patent Office). The national defense patent application is specially accepted by the National Defense Patent Branch. Agency application means that the applicant entrusts a patent agency to handle the application procedures. Because writing patent application documents is a highly technical and legal work, in order to fully and properly protect the applicant's inventions, it is best to entrust a patent agency to apply for a patent.
Because patent application is very complicated and professional, in order to be granted the patent right as soon as possible, many people often choose to entrust a professional patent agency to apply for the patent right on their behalf. In this case, it is necessary to pay the corresponding agency fee according to the actual situation.
What are the conditions for applying for a patent right?
1, novel, that is, the patented product is not an old product, has not been applied by others in any form, has not been announced by the relevant authorities or applied for registration, and is a brand-new patented product, thus enjoying the right to patent registration. Applicants include individuals, enterprises or organizations that have the right to apply. Especially, utility model and appearance patent attach great importance to this requirement, because the literal content of utility model contains a new word. If it does not meet the requirements of novelty, it means that the technology has not brought innovative effect and does not need patent protection. At the same time, the judgment of novelty is mainly based on the application and specification of the patent applicant and the comparison of similar products, which is more conducive to the success of the patent application.
2, creativity, that is, this kind of products from the date of application, its technological innovation and substantive role in similar products more creative, it is not as concerned about the appearance as a novel, creativity is more about the substantive role of its products can play a certain requirement. However, there is no specific standard for how much the specific effect can affect and how much the effect can affect. However, the difference between its creativity and similar products should be explained and enumerated by the applicant and reviewed and judged by the personnel of relevant departments. Its requirements also removed the restrictions on patent protection, which does not mean that any product without certain value can apply for a patent, but also to better prevent the abuse of patent rights.
3. Utility model products generally require practicality. The main function of applying for such products is to protect the products created by patent applicants with more market and economic value. If this kind of product is complicated and the production efficiency is low, then it has no practical effect and the value of nature protection is not great. After all, infringing products value the interests of the products themselves, and what affects their interests is generally their practical value.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) stipulates that no patent right shall be granted for the following matters:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.