1. To apply for a patent for invention or utility model, novelty, creativity and practicality are indispensable.
Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
Creativity: 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.
Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects.
2. Apply for a design patent, as long as it is novel. The novelty mentioned here should be different from or similar to the design that has been published in domestic and foreign publications before the filing date.
3. Before applying for a patent, you should search to find out whether there is the same invention or design before, determine whether to apply for a patent, and consider what kind of patent to apply for.
4. When applying for a patent for invention or utility model, the patent agent shall provide technical disclosure. According to the provisions of the Patent Law, the contents of the invention-creation for which a patent is applied shall be written in a complete and detailed specification, and the adequacy of its disclosure shall be subject to the realization of the technical personnel in the technical field according to the specification. And provide the following information: name; Belonging to the technical field. To the applicant's knowledge, state his understanding of the invention or utility model, search and review useful background technologies, and quote documents reflecting these background technologies; The purpose of the invention or utility model; State the technical scheme of the invention or utility model to be protected, so that the technical personnel in the technical field can understand it and realize the purpose of the invention or utility model; Compared with the background technology, the invention or utility model is creative; Provide drawings; Describe in detail the best way for the applicant to realize the invention or utility model with reference to the attached drawings.
legal ground
patent law of the people's republic of china
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.