201June 9 10, China National Intellectual Property Administration released data showing that in 20 18, China applied for 1542000 invention patents, and * * * authorized 432000 invention patents.
The origin of this patented invention is
The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. Through the understanding and analysis of the provisions of patent laws in various countries, it can be considered that invention is a technical solution put forward by inventors to specific problems by using natural laws. Therefore, China's "Detailed Rules for the Implementation of the Patent Law" points out that "the invention referred to in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement".
The criteria for review are
The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality.
The authorization rate of invention patent is
Because of the strict examination of invention patents, as of 20 13, the authorization rate of invention patents published by People's Republic of China (PRC) and China National Intellectual Property Administration is 40%-50%, that is to say, the overall authorization rate of invention patents is less than half. Therefore, the risk of applying for a patent for invention is relatively high, so we must make full preparations.
The application fee is
Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes. In order to encourage society's enthusiasm for invention and creation, most local governments in China provide special financial support to individuals and enterprises applying for patents, which can be inquired by local science and technology bureaus.
Matters needing attention in application
(1) To apply for a patent for invention or utility model, the applicant shall submit the written request, specification and its abstract, claims and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
(2) The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary.
(3) The abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. 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.
(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.