Conditions for applying for a patent:
1. An applicant for a patent for invention and utility model shall be novel, creative and practical.
2. The design for which a patent is applied shall be novel and not belong to the existing design.
3. It shall not conflict with the prior patent right of others, and shall not violate the law, social morality or public interests.
4. Novelty means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model.
5. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
6. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The process of patent application is as follows:
1. When citizens apply for a patent for invention or utility model, they need to submit application documents such as design specifications, patent applications, abstracts and claims.
2. When a citizen applies for a design patent, he/she needs to submit a design picture, a patent application and a design description document. I can submit an application to the Patent Office myself or entrust an intellectual property agency to submit a patent application.
3. The Patent Office accepts and examines the application within a certain period of time, and the relevant staff examines the invention patent that needs substantive examination.
4. After approval, the Patent Office will issue a notice of authorization, and the applicant will go through the registration formalities within two months. After completing the relevant procedures, the Patent Office will issue a patent certificate.