1, whether the subject meets the requirements of patent law for protected objects.
(1) should be a product, method or its improved new technical scheme.
(2) It should not be an invention that violates laws, social morality or hinders public interests; It does not belong to the invention-creation that obtains or uses genetic resources in violation of laws and administrative regulations and relies on genetic resources.
(3) It should not belong to scientific discoveries, laws and methods of intellectual activities, methods of diagnosis and treatment of diseases, animal and plant species, and substances obtained by nuclear transformation.
2. Whether the explanation is clear and complete.
The description shall meet the requirements of full disclosure of the invention, with clear themes and accurate statements. A complete description should include the background technical introduction that helps to understand the invention and the contents needed to ensure the novelty, creativity and practicality of the invention, such as the technical problem to be solved, the technical scheme to solve the technical problem, the beneficial effects that can be obtained by the technical scheme, etc. (All relevant contents that can't be directly and exclusively obtained by those skilled in the art should be described in the specification). The technical personnel in the technical field should be able to realize the technical scheme of the invention, solve its technical problems and produce the expected technical effect by following the contents recorded in the manual. A complete description should include: technical field, background technology, content of invention, attached drawings (if any) and specific implementation methods.
3. Whether the claim is clear and concise and does not lack necessary technical features.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. The claim shall record the technical features of the invention, which may be the constituent elements of the technical scheme of the invention or the relationship between the elements, including at least one independent claim.
4. Whether it is novel, creative and practical.
Novelty: the invention for which a patent is applied does not belong to the existing technology (technology disclosed before the filing date), and no one else has applied for the same content before the filing date and made it public after the filing date. Creativity: Compared with the existing technology, the invention applying for patent should have outstanding substantive characteristics and remarkable progress, and creativity is the focus and difficulty of examination. Practicality: The invention for which a patent is applied should be able to be manufactured or used in industry and produce positive effects.
5, whether it meets the requirements of oneness.
Simplicity refers to a patent application, and the invention contained therein should belong to the general inventive concept. Two or more inventions belonging to a general inventive concept must be technically related to each other, and this relationship is indicated by the same or corresponding specific technical features (i.e. creative technical features) in their claims.