Patent acceptance conditions

The definition of accepting a patent application refers to the necessary procedures for obtaining a patent right. To obtain a patent right, the applicant shall file an application with the State Patent Office, which shall approve and issue a certificate. When filing a patent application with the State Patent Office, the applicant shall also submit a series of application documents such as the request, specification, abstract and claim. The examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, announcement, actual examination and authorization.

Accepting a patent application needs to meet the following conditions:

1, which does not violate national laws, social ethics or harm public interests;

2. It does not fall within the scope of not granting a patent right as stipulated in Article 25 of the Patent Law;

3. An applicant for a patent for invention or utility model shall be novel, creative and practical.

There is a request in the application document. The category of the patent application in the request is clear; Indicate the name and address of the applicant.

There are instructions and claims in the application documents for a patent for invention; The application documents for a patent for utility model include the specification, the appended drawings of the specification and the claims; There are pictures or photographs and a brief description in the application documents for a patent for design.

The application documents shall be printed or printed in Chinese. All application documents have clear handwriting and lines, have not been altered, and their contents can be identified. The instructions, drawings and pictures of an application for a patent for invention or utility model are written in indelible handwriting and have not been modified.

: If the applicant is a foreigner, foreign enterprise or other foreign organization, it shall comply with the relevant provisions of the first paragraph of Article 19 of the Patent Law, and its country of origin shall comply with the relevant provisions of Article 18 of the Patent Law.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.