To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted.
To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted.
Patent application documents can be written by the applicant himself or by others.
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.
The flow chart of patent application and examination for invention, utility model and design is as follows:
Inventions and utility models granted patent rights in accordance with Article 22 of the Patent Law 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.