1. It is not necessary to search before applying for a patent, but it is better to search before applying for a patent to determine which inventions belong to the "prior art". If the content of the application has been recorded in the retrieved patent documents or other public publications, it may affect the authorization prospect of the application. In addition, even if there is no literature, the patent application will be rejected if others can determine that it is common knowledge in this field. You can log on to the website of China National Intellectual Property Administration for patent search to find out whether the technology you intend to apply for has obtained patent authorization (the search scope may not be comprehensive due to the time when you enter the system), or you can entrust relevant patent agencies to search by professionals. 2. Submit patent application documents: invention and utility model: request, specification and its abstract, patent claim; Inventions can have drawings as required, and utility models must have drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Where nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence table shall be submitted. Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc.
Legal basis:
Article 25 of the Patent Law of People's Republic of China (PRC) does not grant a patent right: (1) scientific discovery; (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.
Derivative problem:
How do you usually inquire about patents? Patent inquiry is a procedure before patent application. Not necessary, but necessary. An effective search report can make the applicant avoid that the right to be protected is not the same or similar to the patent right of the previous application, and ensure that the applied patent is valid. 1, query approach Patent query can generally be queried in the public database of China National Intellectual Property Administration Network; You can also entrust a patent search center to make professional inquiries. 2. Analysis of the types of patents to be queried In China, there are three types of patents: invention, utility model and appearance patent. Only when the type of patent is determined can the inquiry be made. 3. If there is a patent number/application number, you can directly enter it in the column of patent number/application number. Classification of Patents In China, patents have two meanings: 1, and the colloquial use only refers to "exclusive". For example, "This is just my patent". 2. The triple meanings in intellectual property rights are easily confused. First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. 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. Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. The "patent" here refers to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country. Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document.