Is it easy to apply for a patent? Is it easy to apply for a national patent?

Is it easy to apply for a patent? Is it easy to apply for a national patent? Patent right is a very important right. After a patent is granted, it shall be protected by law. A patent can only be used by the patentee. If others illegally use the patent, it will constitute patent infringement and bear corresponding legal responsibilities.

How about applying for a national patent?

Whether the patent application in China is good or not mainly depends on whether the patent conforms to the provisions of the Patent Law. If it does not meet the requirements, the patent application will be rejected.

Relevant legal knowledge

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; 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.

Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.

Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.

Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.

How about applying for a patent? How about applying for a national patent? Let's briefly introduce the relevant content below. Whether it is good to apply for a patent in China mainly depends on whether the patent complies with the provisions of the Patent Law. If it does not meet the requirements, the patent application will be rejected. Readers who need patent help are welcome to consult on intellectual property rights.