1. The conditions for applying for a patent for invention and utility model are novelty, creativity and practicality;
2. The conditions for applying for a patent for design are: novelty, not belonging to the existing design;
3. It shall not conflict with the prior patent right of others.
Negative conditions for granting patent right
1. Inventions and creations that violate laws, social ethics or hinder public interests.
If the purpose of the invention itself violates the laws of the state, the patent right cannot be granted.
2. Scientific discovery
It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific discovery is different from the technical scheme to transform the objective world, and it is not an invention in the sense of patent law, so patent right cannot be granted.
3. Rules and methods of intellectual activities
Intellectual activities are only rules and methods that guide people to think, identify, judge and remember information. Because no technical means or natural laws are used, technical problems are not solved and technical effects are produced, it does not constitute a technical scheme.
4. Diagnosis and treatment of diseases
It is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object. The exclusion of the diagnosis and treatment of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry, can not be used in the industry, and does not belong to the invention in the sense of patent law.
5, animal and plant varieties
However, patents may be granted for the production methods of animal and plant varieties in accordance with this Law.
6. Substances obtained by nuclear transformation method
Mainly used as the design of the logo of the pattern, color or the combination of the two in plane printed matter.
What are the conditions for withdrawing a patent application?
1, and found that the application content does not belong to the scope of patent protection;
2. It is found that there are serious defects in the writing of the application documents, which may lead to the application not being approved, or the scope of protection will be severely restricted;
3. It is found that the application lacks patentability and it is meaningless to enter the next procedure;
4. The applicant requests to apply for a confidential patent, but the competent department of the State Council does not agree. After consideration, the applicant thinks it is more beneficial to keep the invention secret.
To request the withdrawal of a patent application, a "patent application withdrawal statement" shall be submitted in duplicate, indicating the application number, invention name and applicant of the withdrawal application, and all applicants shall sign and seal it. Where a patent agency is entrusted, the patent agency may handle it on its behalf, but it shall attach a certificate that all applicants agree to withdraw the application.
What are the circumstances in which the patent right is withdrawn in a patent application?
1. The applicant voluntarily withdrew the patent application.
The request for withdrawal should be made before the patent office makes public (announces), because if a declaration of voluntary withdrawal of the patent application is made after the patent office has made preparations for publishing the patent application documents, the application documents will still be published. It should also be noted that once the request for voluntary withdrawal of a patent application is made, it may not be possible to request recovery, so a voluntary withdrawal statement must be made carefully.
2. The patent is deemed to have been withdrawn.
(1) If the applicant fails to submit a request for substantive examination to the State Patent Administration Department within 3 years from the date of application, the application shall be deemed to have been withdrawn.
(2) After substantive examination, the Patent Office requires the applicant to state his opinions or amend the application within a specified time limit, and if the applicant fails to reply within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
(3) If the annual fee is not paid in accordance with the regulations, the patent right shall be terminated before the expiration of the time limit. The patentee shall pay the annual fee from the year when the patent right is granted.