What are the principles for applying for a patent?

1, principle of legal form. All procedures for applying for a patent must be handled in written form or other forms stipulated by China National Intellectual Property Administration Patent Office, otherwise it will be invalid. 2. The principle of oneness. Also known as "one invention and one application principle", it means that a patent application document can only file a patent application for one invention. However, two or more inventions or utility models belonging to a general inventive concept can be put forward as one; Two or more designs of products sold or used in the same category in sets may be filed as one application. The same invention can only be granted a patent right. 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. According to Article 8 of the Patent Law, unless otherwise agreed, the right to apply for a patent belongs to the invention-creation jointly completed by two or more units or individuals, or the invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee. Article 3 1 also stipulates that an application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application. 3. Apply first. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Note: The date of patent application is determined by the date when the patent administrative department of the State Council receives the complete patent application documents. If the application documents are mailed, the postmark date of mailing shall be the application date. If the postmark date is unclear, unless the parties concerned can provide proof, the date when the Patent Office receives the patent application documents shall be the filing date. Where the patent applicant enjoys priority, the priority date shall be the filing date. (1) Any application filed on the same day, or if negotiation fails, shall be rejected, and each item shall be regarded as a trade secret and protected equally. (2)*** are both inventors, some want to apply for a patent, some object, and don't apply. Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners. In addition to the above circumstances, the exercise of the patent application right or patent right owned by * * * shall obtain the consent of all * * * people. (3) For the same or similar products, there are three situations in which different inventors enjoy patent rights: First, the inventions made by different inventors are different, and their technical schemes are essentially different; Second, the latter patented technology is an improvement or enhancement of the former patented technology, which is more advanced than the former patented technology, but the implementation of this technology depends on the implementation of the former patented technology, so it belongs to the subordinate patent; Third, because the utility model patent has not been substantially examined, the technical schemes of the two utility model patents before and after are the same or equivalent, and the latter utility model patent belongs to repeated authorization. When trying a patent infringement dispute case, the people's court shall, as long as the plaintiff files a patent application before the defendant, examine whether the main technical features of the products manufactured by the defendant fully cover the scope of patent protection of the plaintiff according to the principle of first application stipulated in the patent law. Generally speaking, in the first case mentioned above, because the technical scheme invented by the defendant is essentially different from that invented by the plaintiff, the defendant does not constitute infringement; In the latter two cases, either the defendant implemented the prior patented technology without the permission of the prior patentee in order to implement its subordinate patent, or the defendant repeatedly authorized the implementation of the latter patented technology because the technical schemes of the two utility model patents were the same or equivalent, all of which constituted infringement of the plaintiff's patent right. Therefore, the people's court should not reject the plaintiff's claim just because the defendant owns the patent right, but should analyze the specific situation of the defendant's patent right and the relationship with the plaintiff's patent right, so as to judge whether it constitutes infringement. 4. The principle of priority. Where an applicant for a patent files an application for a patent for an invention-creation with the same theme within the statutory time limit after filing the patent application for the first time, the date of the first application shall be the filing date. This right is called priority, and the so-called statutory time limit here is the priority time limit. Priority can be divided into foreign priority and domestic priority. (1) Foreign countries are preferred. According to the provisions of China's patent law, if an applicant files a patent application for an invention or utility model in China within 12 months from the date when a foreign country first filed a patent application, or within 6 months from the date when a design first filed a patent application, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. (2) domestic priority. An applicant who applies for a patent for invention or utility model for the first time in China within 12 months may enjoy the priority, which is the domestic priority. Domestic priority does not include design.