The conditions required to apply for intellectual property rights are: the applicant is a qualified subject, submits corresponding materials when applying, the application procedures are qualified, and the intellectual property rights applied for have certain characteristics. Specific provisions are in the "Patent Law of the People's Republic of China", "Copyright Law of the People's Republic of China" and "Trademark Law of the People's Republic of China".
Legal Basis
Article 26 of the Patent Law of the People's Republic of China
To apply for an invention or utility model patent, a request must be submitted Documents such as book, description, abstract and claims.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection required.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application documents; if the applicant cannot explain the original source, the applicant shall state the reasons.