Can I apply for a patent for ideas and creativity?
1. Can creativity and ideas be patented? 1 Creativity can be patented, but it can only be applied if certain conditions are met. It is mentioned in the patent law of our country that the ideas or ideas put forward can be implemented in reality by skilled technicians in the corresponding fields and can be realized through certain channels. In this case, ideas and ideas can be patented. Therefore, it is not necessary to apply for a patent in kind, as long as it can be truly realized in reality and transformed into a real object through certain channels, ideas and ideas can be patented. Under normal circumstances, you can apply for a patent by writing your own ideas, then finding the corresponding patent agent and adding some technical solutions to the original copy. 2. Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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. Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application. Second, what steps are needed for patent application? 1. When applying for a patent, it must be carried out in strict accordance with the relevant procedures. If the patent applicant wants to apply for a patent better and faster, so that his patent can be protected by law, the patent applicant can go to the patent office to find a patent agent to help himself. After receiving the patent applicant's request, the patent agent can provide legal and technical assistance to the patent applicant, and the patent applicant and the patent agent form an agency relationship; 2. After the principal-agent relationship is formed between the patent applicant and the patent agent, the patent applicant shall submit the details of the patent he wants to apply for to the patent agent in writing, and at the same time submit other information about the patent application according to the requirements of the patent agent. Generally, the information provided includes the purpose of patent creation, the advantages of patent technology, the specific methods of patent implementation and other information about patent description. If the patent applicant encounters difficulties in providing patent details, he can ask the patent agent to improve the patent details for himself. Mainly through the oral way of the patent applicant, the patent agent clarifies the patent-related content items, and then the patent agent helps the patent applicant to complete the patent application materials according to the oral content until the final patent application is successful; 4. When a patent applicant entrusts a patent agency to apply for a patent, it generally needs to go through the following procedures: (1) Confirm whether the applied patent can be applied and what kind of patent it belongs to through consultation; (2) The patent applicant and the patent agent shall sign the relevant agency agreement, and determine the rights and obligations between the patent applicant and the patent agent through the agreement, so as to achieve the purpose of patent confidentiality; (3) The patent applicant should explain the details of his patent to the professional agent, so that the patent agent can fully understand the contents of the patent, so as to better apply for a patent; (4) The patent agent shall make a judgment according to the patent applicant's description of the patent. If he thinks that there is no room for patent development and the possibility of application is relatively small, he shall explain the situation to the applicant and suggest that the applicant withdraw his application. If you feel that there is a big room for patent development, you must obtain the consent of the applicant before you can carry out the next work. (5) Providing the information and application for patent application to the Chinese Patent Office; (6) Waiting for the Chinese Patent Office to examine the application documents; (7) after the completion of the audit, the audit results are obtained to determine whether the patent can be applied; (8) to convey the audit results to the patent applicant and patent agent.