Legal analysis: There are two ways to apply for a patent, the applicant can choose according to his own situation: 1, and the applicant can apply directly. The applicant may prepare the application materials as required and submit them to the Patent Office for examination. 2. You can entrust a special patent agency to apply. The application for entrusted agency requires both parties to sign a patent entrusted agency agreement. 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.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted.
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.