1. Patent application is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy. Applying for a patent can protect your product more effectively and prevent others from imitating it. Patents have monopoly power and can monopolize the market. Finally, patents can also be licensed to others to obtain sufficient benefits.
2. Legal basis: Article 22 of People's Republic of China (PRC) Patent Law.
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.
Second, what is the specific process of applying for a patent?
The specific process of patent application is as follows:
1, consulting. It is necessary to determine whether the invention content belongs to patentable content and what kind of patent can be applied for.
2. Sign an agency agreement. This agreement is mainly to clarify the rights and obligations between the applicant and the patent agency, that is, to restrain the patent agent from keeping the applicant's invention confidential.
3. Technical disclosure. The applicant provides the patent agent with background information about the invention or creation or entrusted retrieval and other related contents.
4. Ensure that the agent applying for the scheme judges the prospect of patent application according to his own understanding of invention and creation.
5. Prepare specific documents for the application. The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. China Patent Office will authorize or reject the examination conclusion according to the examination situation.
6. Go through the patent registration formalities. If the patent application is successfully authorized, you need to go through the registration formalities and get a patent certificate in accordance with the requirements of the patent authorization notice.