The principle of applying for a patent ① the principle of applying first. That is, if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Where two or more applicants apply for a patent for the same invention-creation on the same day, it shall be determined by the applicants through consultation.
② Priority principle. That is, if an applicant files an application for a patent for invention and utility model in China within 12 months from the date when a foreign country first filed an application for a patent for invention and utility model, or within 6 months from the date when a foreign country first filed an application for a patent for design, it may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. Applicants who file an application for a patent for invention or utility model with the Patent Office on the same subject within 12 months from the date of their first application in China may enjoy priority.
③ The principle of oneness. That is, an application for a patent for an invention or utility model should 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.
Conditions for applying for a patent An applicant for a patent refers to an individual or unit that files a patent application for an invention-creation with the Patent Office. According to the provisions of China's patent law, the following three kinds of people (natural persons and legal persons) have the right to apply for patents: people who make inventions; The unit to which the inventor or designer belongs; The inventor or designer, or the right successor of the unit to which he belongs.
(1) An invention is the result of intellectual labor of the inventor or designer. As long as there is no provision to the contrary in the law or contract, the inventor or designer naturally enjoys the right to apply for a patent for his invention. (2) Many inventions are service inventions completed by inventors or designers in the process of performing official duties or executing labor contracts. These inventions and creations have been clearly stipulated by law or agreed in the contract in advance, and should belong to the unit to which the inventor or designer belongs or the unit employed; Because the right to apply for a patent can be transferred or inherited, the successor of the right to apply for a patent should also have the right to apply for a patent. It goes without saying that the heir to the patent application right can be a natural person or a legal person.
Unless otherwise stipulated in the agreement, the right to apply for a patent for a joint invention-creation belongs to the co-inventor.
Procedure for applying for a patent An application for a patent may be filed by the applicant himself or by his agent. According to Articles 26 and 27 of the Patent Law and Articles 17 to 25 of the Detailed Rules for the Implementation of the Patent Law, an application for a patent for invention or utility model shall be submitted with an application, specification, abstract and claims; To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.