Inventions, utility models and designs can be patented in China, but they must meet the agreed conditions.
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.
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
You can check our patent law, which is very clear.
What kind of things can be patented?
If you just look at the names, there must be a lot.
Because the name can not contain patented features, just use a table, a lamp and the like;
Patents are some local technical improvements, and it is difficult to find significant differences without carefully reading the claims and specifications;
In addition, utility models and designs are not substantially examined, and the same and similar patents are inevitable;
For patents with no economic value, many people have no time to invalidate others' patents.
In addition, in order to complete the objectives and tasks, evaluate professional titles, evaluate bonuses, enter a higher school and get extra points, various "impure" motives lead to a high patent yield in China, so it is not surprising to see the same patent.
What can't be patented?
Article 5 of the Patent Law stipulates that:
No patent right shall be granted for inventions and creations that violate laws, social morality 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 25 of the Patent Law stipulates that no patent right shall be granted to the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, basic color or the combination of the two of the plane printed matter.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
See bbs.sciencenet/...418146 for details.
What do I need to apply for a patent?
Patent applications generally need to provide the following information: patent application, name of invention, name and address of applicant, name and address of inventor or designer, patent category to be applied, filing date of international application, application number and patent category (if applicable), power of attorney and patent documents. Guangzhou rongbao
What can't be patented?
What kind of patent application does not grant a patent right? It is clearly stipulated in the Patent Law that the following patent applications will be rejected by the Patent Office, and the patent right for inventions and utility models will not be granted. (1) scientific discovery. For example, new discoveries and new understandings of natural phenomena, social phenomena and their laws, as well as pure scientific theories and mathematical methods. Scientific discovery belongs to the category of human understanding of the world, and has not carried out any technological transformation on the objective world. (2) Rules and methods of intellectual activities. For example, the method of educating people, the method of training animals to crawl, the scheme and rules of production management, business and games, and simple computer programs. (3) Diagnosis and treatment of diseases. For example, pulse diagnosis and acupuncture methods in traditional Chinese medicine, laboratory methods in western medicine, etc. (4) Species of animals and plants. It is generally believed that animal and plant varieties are different from industrial commodities and are greatly influenced by natural conditions, so it is impossible to "reproduce" absolutely by artificial methods. There is still controversy internationally. (5) substances obtained by nuclear transformation. This is mainly due to national defense considerations. In addition, inventions that violate national laws, social morality or hinder public interests, such as drug-taking devices, methods and tools that destroy security doors, designs that damage good customs, and so-called inventions that violate scientific principles, such as perpetual motion machines, cannot be protected by patents. References:
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Can I apply for a patent for the function?
1 The floor is wrong. Function can apply for a patent, you can apply for a patent for invention or utility model, which is the "function restriction" specified in the review guide issued by China National Intellectual Property Administration. However, due to the general protection scope of the function restriction, the requirements of the Review Guide on the function restriction are very strict, and at least two conditions must be met: First, the function is not recorded in the prior art; 2. Generally speaking, at least two or more embodiments support this function. The second point may not be easy for the landlord to understand. Simply put, you can't just invent a device to realize this function. At least two devices must be invented to realize this function before your application can pass.
In addition, patent applications with limited functions are more professional, and ordinary patent agents may not be able to master them well. It is suggested that the landlord find a stronger agent to help you apply.
What should I pay attention to when applying for a patent?
Patent application steps
First, the principle of patent application
Principles of patent application for inventions and utility models
According to Article 31 of China's Patent Law, "an application for a patent for an invention or utility model shall be limited to one invention or utility model." That is, when applying for a patent for invention or utility model, we must adhere to the principle of one invention (or one utility model) and one patent.
Principles of applying for design patent
According to the provisions of China's patent law, applying for a patent for design should generally follow the principle of one design and one patent.
Second, preparation before applying for a patent
Learn and be familiar with the patent law and its implementation rules, know what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent.
Investigate in detail whether the project to be patented can apply for a patent.
We should seriously consider patent application from the perspective of market economy.
Understand the writing format and requirements of patent application documents, the submission method, cost and brief approval process of patent application.
Other precautions before application.
In order to ensure the novelty of the patent application, the applicant should keep the contents of the application confidential before filing the patent application.
Three. Documents to be submitted when applying for a patent
(1) Documents to be submitted when applying for a patent for invention or utility model
1. Request
(1) the name of the invention or utility model;
(2) People and institutions related to inventions and patent applications;
(3) List of application documents and attachments;
(4) Other matters.
Step 2 explain
First of all, the specification is a technical document, the most important part of the patent application document, and the core document of the patent application; Secondly, the norm is a legal document. In practice, whether the specification is well written will affect whether the patent right can be obtained. Third, the main contents of the description should include the following eight aspects: the name of the invention or utility model, the technical field to which the invention or utility model belongs, the useful background technology, the purpose of the invention or utility model, the content of the invention, the advantages and positive effects of the invention, the relevant drawings and descriptions, the embodiment and the best mode of the invention or utility model.
Step 3 claim
Patent claim is used to determine the scope of patent protection requested by the applicant, that is, to state the technical characteristics of the invention or utility model in a concise way again.
4. Summary
Abstract is a brief description of the instruction content.
(2) Documents to be submitted when applying for a patent for design.
petition
The request is a document that the applicant expresses his wish to grant a patent right to the Patent Office.
Picture or photograph
In order to clearly and accurately show the object to be protected, the applicant can submit pictures or photos from different angles, different sides or different states for each design.
Four. Date of application and priority date
(1) Application Date
After the patent applicant submits the above documents to the Patent Office, it shows that the patent applicant has formally filed a patent application. After receiving the application documents, the Patent Office shall specify the application date, give the application number and notify the applicant.
(2) Priority date
Priority is a right stipulated in the Paris Convention for the Protection of Industrial Property, that is, each contracting state should recognize the priority of the nationals of the other country when applying for industrial property rights such as patents or trademarks. The date of the first application is the priority date.
Is everything patented?
No, the patent protection lasts for 20 years at most. After 20 years, there will be no patents, and ordinary things will be patented, such as ordinary desks and chairs.
If it is a special desk and chair with special functions, you may apply for a patent.
Some things are not protected by patents, such as the treatment of diseases and so on.
What documents do I need to apply for a patent?
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. To apply for different types of patents, you need to prepare different documents.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with the attached drawings of the specification when necessary), the patent claim, the abstract and the attached drawings (with the attached drawings of the specification) in duplicate.
(2) To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(3) Where an application for a design is filed, the application documents shall include: a request for a patent for design, and a picture or photograph in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(4) Where a company applies for a patent, the application documents shall include a copy of the business license of the enterprise as a legal person and the organization code certificate (with official seal) in duplicate, and the inventor's ID number shall also be submitted in duplicate. Address, postal code, telephone number and other means of communication.
(5) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and shall also submit the address, postal code, telephone number and other communication methods of the applicant.