Should I show the patent office the real thing when applying for a patent?
If a patent wants to be protected by law, it needs to apply to the patent management department for authorization. After authorization, the patent is exclusive and can only be used by the patentee, and the use of others constitutes infringement. Then, when applying for a patent, do you want to show it to the patent office? The following is a small series to answer the relevant knowledge for readers. Do I have to show the real thing to the Patent Office when applying for a patent? 1. Do I have to show the real thing to the Patent Office when applying for a patent? According to Article 3 of the Detailed Rules for the Implementation of the Patent Law, patent applications shall be handled in written form or in other forms designated by the Patent Office (such as electronic applications). The Patent Office does not accept samples, samples or models when accepting patent applications. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms or electronic application methods, or by telegraph, telex, fax, film and other communication methods are regarded as not filed and have no legal effect. Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 3 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese; Where the state has unified scientific and technical terms, it shall adopt standardized terms; If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated. In accordance with the Patent Law and these Rules, all kinds of certification documents and certification documents are in foreign languages. When the patent administration department of the State Council deems it necessary, it may require the parties concerned to attach a Chinese translation within a specified time limit; If it is not attached at the expiration date, it shall be deemed that the certificate and supporting documents have not been submitted. 2. Materials required for patent application (1) related documents and materials, such as prior patent documents, documents, periodicals, drawings, etc. Similar or similar to the application project. When applying for a patent for invention in China, it's best to search for the patent in advance, otherwise the applied project will be easily rejected in the application review process. (2) Written technical data 1, the technical field and application scope of the application project, and the technical measures, technical means, methods or ways to achieve the same or similar effects with the application project in the existing technology; 2. What technical problems need to be solved for the invention purpose of the application project? 3. Describe in detail the technical measures and characteristics to realize the invention purpose of the application project with words and drawings. For example, an application project is a product, and technical measures and technical features refer to the structure of the product, the connection, layout, relationship and function of each part in the application project, the combination mode and detailed dynamic mode of each part, the application project is a method, while technical measures and technical features refer to the process, process parameters and related details. In addition, at least one specific example of the applied project should be provided (the specific example here does not refer to the model or the physical object, but refers to the drawings and text descriptions showing the specific example. Only when the technical measures of the application project cannot be explained by drawings and words can models or objects be provided to explain the application theme). The drawings provided shall be drawn on A4 paper with a carbon pen, and there shall be no words, border lines, dimension line and size labels on the drawings. All parts and components can be marked with numbers (1, 2, 3 ...), and the name of the part represented by each label should be written on another piece of paper. 4. The experimental data and results of the application project, or the phenomena generated in the experiment; 5. With specific examples and practical (trial) conclusions, objectively explain the advantages and disadvantages of the invention. If there is no experimental data or conclusion, the inventor shall objectively analyze the invention and infer the possible advantages and disadvantages of the invention; 6. Differences in technical characteristics between the application project and the existing technology considered by the inventor; 7. What the inventor thinks should be a technical secret.