1, which is mature and feasible, can be realized literally.
2. It is practical and can bring economic benefits.
3, advanced, compared with the existing technology, can save costs and bring greater value.
4. There is no prior application for similar patent.
If all the above points are met, you can apply for a patent, you can write your own manuscript and submit it to the patent office, or you can ask an agency for help.
Domestic patent application process:
1. Both parties sign a patent agency agreement;
2. The applicant submits relevant patent technical documents to the agency;
3. Patent agents shall write standardized patent application documents on the above technical documents;
4. The application documents shall be confirmed by the applicant after completion;
5. Patent statements confirmed by both parties;
6, a week or so issued a patent application acceptance notice.
7. The patent for appearance and utility model will be granted in about 6 months (subject to the actual progress of the Patent Office);
8. Grant invention patents around1year (subject to the actual progress of the Patent Office);
9. The patent certificate will be issued about 2 months after the inventor goes through the authorization registration formalities (subject to the actual progress of the Patent Office).
Legal basis:
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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 25 No patent right shall be granted to the following projects:
(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, color or the combination of the two. 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.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.