To apply for a patent for invention or utility model, novelty, creativity and practicality are indispensable; Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied to the Patent Office by others and recorded in the patent application documents published after the filing date. Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects. You can apply for a design patent as long as it is novel. The novelty mentioned here should be different from or not similar to the design that has been published in domestic and foreign publications before the filing date. How to apply for a patent? Before applying for a patent, it is necessary to search to find out whether there is the same invention or design before, determine whether to apply for a patent, and consider what kind of patent to apply for (invention, utility model, design). Patent applicants are generally individuals who have completed the invention. * * * The applicant for the same invention is a unit or individual who has completed or completed the same invention; The applicant who commissioned the invention is the entity or individual who completed the invention; The applicant for a service invention is a unit; Apply in the name of the company and affix the official seal. Provide a list of inventors or designers. When applying for a patent for invention or utility model, a technical disclosure shall be provided to the patent agent. According to the provisions of the Patent Law, the content of an invention-creation for which a patent is applied shall be written in a complete and detailed specification, and the degree of disclosure of the content shall be subject to the degree of realization of the technical personnel in the technical field according to the specification. And provide the following information: (1) name; (2) technical field; (3) To the best of the applicant's knowledge, state his understanding of the invention or utility model, search and review useful background technologies, and quote documents reflecting these background technologies; (4) the purpose of the invention or utility model; (5) stating the technical scheme of the invention or utility model for protection, so that the technical personnel in the technical field can understand it and realize the purpose of the invention or utility model; (6) Compared with the background technology, the invention or utility model is creative; (7) Provide attached drawings; (8) With reference to the attached drawings, describe in detail the best way for the applicant to realize the invention or utility model. Provide samples or pictures when applying for a design patent.
Legal objectivity:
A patent applicant is a person who has the right to apply for a patent. When the patentee files a patent application according to law, he becomes the patentee and enjoys the right of "patent application" according to law. Otherwise, the patent applicant cannot become the patentee. It can be seen that the patent applicant is the basis of becoming the patentee, and the patent applicant's filing a patent application according to law is the premise for the patent applicant to become the patentee. A patent applicant is a citizen, legal person or unincorporated entity that can file a patent application with the patent administration department of the State Council for invention-creation. Not any natural person or legal person has the right to apply for a patent. The natural or legal persons who have the right to apply for a patent are as follows. 1. The so-called inventor of non-service invention-creation or the legal heir of his legal rights refers to the legal heir who inherits the right to apply for a patent due to the death of the inventor. 2. The legal entity to which a service invention-creation belongs has the right to apply for a service invention patent. 3. Legal assignee The inventor of a non-service invention or the unit to which he belongs voluntarily transfers the right to apply for a patent for invention-creation to an individual or unit with or without compensation. 4.*** with the applicant * * * with the applicant means * * * with individuals, individuals and units or units and units to apply for a patent. * * * Among the applicants, if there is a contract in advance, it shall be handled according to the contract. 5. Foreigners' patent application qualifications Foreigners include foreign citizens and foreign legal persons. In order to promote international economic and technological exchanges and introduce advanced foreign science and technology, China's patent law adopts internationally accepted principles and makes the following provisions for foreigners to apply for patents in China. Foreigners who have no habitual residence or business office in China apply for patents in China. Where there are bilateral agreements or international treaties to which China is a party, it shall be handled in accordance with the principle of reciprocity. The application shall be entrusted to the patent handling institution designated by the patent administration department in the State Council, China. Foreigners who have their habitual residence or business organization in China enjoy the same treatment as units and individuals in China. When filing a patent application, the assignee or heir of the patent application right shall submit the certification documents of the assignee or heir. Where a unit or individual in China transfers the right to apply for a patent to a foreigner, it must be approved by the relevant department in the State Council.