2. China's patent application is an application authorization system; Apply for authorization. Your technical solution can only be called a patent if it is authorized, and it can only be called a technical solution if it is not authorized.
The difference between invention authorization and invention patent in patent
1. Invention authorization refers to the legally binding authorization certificate given by China National Intellectual Property Administration after examining that its technology meets the patent authorization requirements.
2. Moreover, the invention patent is actually an invention design scheme, that is to say, the invention patent is only a technical scheme submitted to the intellectual property department, and no technical scheme has been approved and authorized.
3. If it refers to the National Information Bureau, not every application can be authorized in the technology patent submitted by the applicant. Especially invention patents. The audit is particularly strict. If you have a technical problem. The State Bureau of Knowledge will not grant this technology patent.
In this case, the patented technology can be authorized. Then the National Bureau of Knowledge will send an authorization notice to the applicant first. Getting the authorization notice means that this technology has become a patent. Just waiting for the patent certificate.
Legal basis:
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. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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.