What principles should be followed in patent application?

Patent application follows the following principles: application principle, priority principle, fairness principle, legality principle and writing principle. According to the relevant provisions of China's patent law, the party applying for a patent should submit a written application, and the party who submits the application first enjoys the patent right of the product.

legal ground

Article 26 of the Patent Law, which came into effect on 202 1 June1day.

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

Article 30

Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.

Article 47

An invalid patent right shall be regarded as nonexistent from the beginning.

The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.

If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.