Formal condition
An invention-creation that needs to be granted a patent right shall be recorded in the patent application documents in written form in accordance with the format stipulated in the Patent Law and its detailed rules for implementation, and the necessary formalities shall be performed in accordance with legal procedures. If the document or procedure does not meet the requirements, it shall be corrected within the time limit prescribed by law or designated by the Patent Office. If it still does not meet the requirements after correction, the Patent Office will reject it.
Substantive conditions
Also known as patentability condition, it is the necessary basis for authorizing invention and creation. The patent law stipulates that inventions and utility models that are granted patent rights should be novel, creative and practical.
1, novelty
Novelty as mentioned in the patent law refers to:
(1) Before submitting the application to the Patent Office, similar inventions had not been published in domestic and foreign publications. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records.
(two) has not been publicly used in China, or otherwise known to the public. The so-called public use refers to the dissemination and application in the form of commodity sales or technical exchanges, and even known to the public through television and radio.
(3) Before the filing date of the application, no similar invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published later.
Therefore, before submitting an application, the applicant should conduct a comprehensive investigation on the novelty of his invention and creation. If it is obviously not novelty, there is no need to apply for a patent.
2. Creativity
Creativity mentioned in the patent law refers to:
Compared with the prior art before the filing date of this patent application, the invention has outstanding substantive characteristics and remarkable progress. The utility model has substantial characteristics and progress.
The so-called "substantive features" refer to the essential differences, qualitative leaps and breakthroughs compared with the existing technology, and the technical changes and breakthroughs applied for are not obvious to ordinary technicians in this field. The so-called "progress compared with the prior art" means that the invention or utility model has technical advantages or obvious technical advantages compared with the prior art.
Step 3 be practical
Practicality as mentioned in the patent law means that the invention-creation for which a patent is applied can be manufactured in batches in the production of industries such as industry and agriculture or can be applied in industry or life, and can produce positive effects.
According to the Patent Law, the design of the Western Pipe granted patent right shall be different from and not similar to the design publicly published in domestic and foreign publications or publicly used in China before the application date.
"Different" is a patent right granted, and the design of Xibuguan should be novel. It can neither be identical with the existing similar products in appearance design, nor can it be an imitation or plagiarism of them.
"Inconsistency" means that the patented design should be original. It can neither be a simple imitation of the appearance design of existing similar products, nor be slightly different from what only technicians in this field can see, but should be obvious differences and changes that the public can see at a glance. "Publication" and "public use" have the same meanings as inventions and utility models.
Extended data:
If it refers to the National Information Bureau, not every application can be authorized in the technology patent submitted by the applicant. Especially invention patents. The audit is particularly strict. If there are some problems with your technology, the National Knowledge Bureau will not grant this technology patent. If the patented technology can be authorized, the National Information Bureau will first send an authorization notice to the applicant. Getting the authorization notice means that this technology has become a patent.
Article 22 of the Patent Law stipulates that inventions and utility models granted patent rights shall be novel, creative and practical.
Patent application is a necessary procedure for obtaining patent right. To obtain a patent right, the applicant shall file an application with the State Patent Office, which shall approve and issue a certificate. When filing a patent application with the State Patent Office, the applicant shall also submit a series of application documents, such as the request, specification, abstract and patent claim. In terms of patent application, the provisions of the patent laws of all countries in the world are relatively consistent, but there are also many differences.
A patent application is a request made by an inventor, designer or other subject who has the right to apply to the Patent Office for a patent right for invention or design. According to the provisions of China's patent law, an application for a patent shall be submitted to the Patent Office with an application, specification, patent claim, abstract, drawings and a request for priority.
Among them, the appended drawings and priority claims are not essential to every application, but they are beneficial to patent applications. A patent application shall be in written form, mainly including the following contents: the request, the name of the invention or design, the name and identity of the applicant, the name and identity of the agent and the signature.
Baidu encyclopedia-patent authorization