Conditions for applying for a patent

Legal analysis: to apply for a patent for invention or utility model, three conditions, novelty, creativity and practicality, are indispensable; 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) Write the technical scheme of the claimed invention or utility model, 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 basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.