Patent system is a system to protect patent intellectual property rights under the condition of market economy. Inventions and creations cannot be automatically protected by patents, and patent offices cannot grant patents on their own initiative. The person who has the right to file a patent application must submit the necessary application documents in accordance with the regulations. After accepting the application, the Patent Office will examine it through legal procedures and grant a patent right to those who meet the requirements.
To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a written request and a picture or photograph of the design shall be submitted. Patent application documents can be written by the applicant himself or by others.
Because applying for a patent is a complicated legal matter, it is not easy for ordinary people to complete this task. The applicant may entrust an agent with patent qualification to write application documents and handle relevant application affairs. Where an agent of a patent agency is entrusted to apply for a patent and handle the application affairs, a power of attorney shall be submitted at the same time, indicating the authorization authority, and the agency service fee shall be paid according to the relevant patent agency service fee standards.
legal ground
patent law of the people's republic of china
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.