1, complete materials, legal and effective. Generally including the request, specification and its abstract, claims, etc.
2. The applicant is qualified. That is, it must be the patentee or its authorized agent;
3. Novelty, creativity and practicality;
4. Other conditions.
No patent right shall be granted under the following circumstances:
1, scientific discovery;
2. Rules and methods of intellectual activities;
3. Diagnosis and treatment of diseases;
4. Animal and plant varieties;
5. Substances obtained by nuclear transformation;
6. Patterns are mainly used to mark the patterns, colors or the combination of the two.
The conditions for granting a design patent are as follows:
1. The applicant submits the request, pictures or photos of the design, brief description of the design and other documents;
2. After 18 months of preliminary examination, no reason for rejection was found;
3. The applicant is qualified;
4. Other conditions.
legal ground
patent law of the people's republic of china
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.