1, the applicant shall submit a written application;
2. After receiving an application for a patent for invention, the administrative department for patent in the State Council shall conduct a preliminary examination for eighteen months. If approved, it will be published immediately;
3. If an application for a patent for invention has passed the substantive examination within three years from the date of application, a patent certificate for invention shall be issued.
Conditions for patent application:
1. Before the filing date, no identical invention or utility model was publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways;
2. In the patent application documents published after the filing date, no similar invention or utility model has been applied and recorded by others to the patent administration department of the State Council;
3. Compared with the prior art before the filing date, the utility model has substantial features and progress;
4. The utility model can be manufactured or used, and can produce positive effects.
Patented processing materials:
1, name;
2, belonging to the technical field;
3. As far as the applicant knows, 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. State the technical scheme of the claimed invention or utility model 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. Describe in detail the best way for the applicant to realize the invention or utility model with reference to the attached drawings.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC).
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, 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.