1. Request
(1) The request is an application document that the applicant expresses to the patent administration department that he wishes to grant a patent right. As long as the forms of "Request for Invention Patent" and "Request for Utility Model Patent" printed by China National Intellectual Property Administration are filled in, it is considered that the request for patent right is expressed.
(2) The request shall specify the name, inventor, applicant, contact person, patent agency, patent agent and contact address of the invention-creation.
2. Description and summary
(1) specification is an important patent application document. For an application for a patent for invention, the specification is not only used to explain the content of the claim, but also the basis for the substantive examination by the state patent administration department, and should be made public after the statutory time limit. Technicians can learn about the development of the latest technology from the open specification, thus obtaining beneficial technical enlightenment. The role of patent system in providing technical information can be reflected.
(2) The description must fully disclose the contents of the invention, which consists of the following parts: the name of the invention or utility model; The technical field to which the technical scheme to be protected belongs; Background technology that helps to understand, retrieve and examine inventions or utility models; The content of the invention or utility model, that is, the technical problems to be solved, the technical scheme adopted and the beneficial effects of the invention or utility model; There are embodiments, that is, preferred ways to realize inventions or utility models. In addition, the specification can also be illustrated with attached drawings.
Step 3 claim
Claim (1) is an important patent application document, because it directly defines the scope of patent protection. After the applicant obtains the patent right, the patent claim becomes the basis for judging whether the use of related technology by others constitutes patent infringement.
(2) Paragraph 4 of Article 26 of the Patent Law stipulates that the patent claim shall clearly and concisely define the scope of patent protection based on the specification.
(3) The main content of the claim is to explain the technical features of the invention or utility model, so as to express the scope of the requested protection. The claim must contain the necessary technical features of the invention or utility model, that is, the technical features necessary for the invention or utility model to solve its technical problems and distinguish it from other technical solutions.
4. Description of the source of genetic resources
(1) Where an invention is created by relying on genetic resources, the applicant shall specify the direct source and original source of the genetic resources in the patent application documents. If the applicant cannot explain the original source, it shall explain the reasons. This requirement is in line with the provisions of the Patent Law that "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".
(2) If the applicant cannot explain where the genetic resources on which his invention and creation depend without justifiable reasons, it can only be presumed that the applicant has not obtained or utilized the genetic resources in accordance with legal procedures, and the invention and creation cannot be granted a patent right.
The related issues of patent application are introduced here. The above answers are for your reference. I hope I can help you. Welcome you to like us and pay attention to us. Thank you.