Requirements for applying for a patent for invention

The requirements for applying for a patent for invention are:

1. The invention or utility model is novel, creative and practical;

2. The invention for which a patent is applied is a new technical scheme for a product, method or its improvement;

3. The applicant is qualified;

4. Other application conditions for invention patents.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC)

Inventions mentioned in this Law refer to inventions, utility models and designs.

An 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 that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 22 of the Patent Law of People's Republic of China (PRC)

Patented inventions and utility models should be novel, creative and practical.

Article 45 of the Patent Law of People's Republic of China (PRC)

Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law. /zs_content_img/0/250/6.jpg