There are three kinds of patents in China: invention, utility model and design.
An invention-creation applying for a patent shall be novel, creative and practical.
No patent right shall be granted to inventions and creations that violate state laws, social ethics or harm public interests, and the following:
1. scientific discovery;
2. Rules and methods of intellectual activities;
3. Diagnosis and treatment of diseases;
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.
You can apply for a design patent as long as it is novel. The novelty mentioned here should be different from or not similar to the design that has been published in domestic and foreign publications before the filing date.
How to apply for a patent?
Before applying for a patent, it is necessary to 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 (invention, utility model, design).
Patent applicants are generally individuals who have completed the invention. * * * The applicant for the same invention is a unit or individual who has completed or completed the same invention; The applicant who commissioned the invention is the entity or individual who completed the invention; The applicant for a service invention is a unit; Apply in the name of the company and affix the official seal. Provide a list of inventors or designers.
When applying for a patent for invention or utility model, a technical disclosure shall be provided to the patent agent. According to the provisions of the Patent Law, the content of an invention-creation for which a patent is applied shall be written in a complete and detailed specification, and the degree of disclosure of the content shall be subject to the degree of realization of the technical personnel in the technical field according to the specification. And provide the following information:
(1) name;
(2) technical field;
(3) To the best of 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;
(4) the purpose of the invention or utility model;
(5) stating the technical scheme of the invention or utility model for protection, so that the technical personnel in the technical field can understand it and realize the purpose of the invention or utility model;
(6) Compared with the background technology, the invention or utility model is creative;
(7) Provide attached drawings;
(8) With reference to the attached drawings, describe in detail the best way for the applicant to realize the invention or utility model.
Provide samples or pictures when applying for a design patent.
China patent network. com