Legal Analysis: Inventions, utility models and designs can be patented in China, but the agreed conditions must be met. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Patent is the abbreviation of patent right, which refers to the right granted by the state to the inventor or his successor to exclusively use his invention and creation within a certain period of time. Patent right is an exclusive right, which is exclusive. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. There are two ways to apply for a patent: direct application and agency application. 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 submit the application documents directly or to the acceptance office of China National Intellectual Property Administration Patent Office, or to the local agency for patent protection of China National Intellectual Property Administration Patent Office, which will be 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 invention and creation, it is best to entrust a patent agency to apply for a patent, which can help you tap the patent characteristics and the process is faster.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.