What are the principles for approving patent applications?

According to the basic principle of patent law, only one patent right can be granted to the same invention. When two or more people file patent applications for the same invention-creation, there are two principles: one is the principle of invention priority, and the other is the principle of application priority. The principle of prior invention means that if two or more people apply for a patent for the same invention-creation, the patent right shall be granted to the person who completed the invention-creation first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, only a few countries in the world such as the United States, Canada and the Philippines have adopted this principle. Patent literally refers to exclusive rights and interests. The word "patent" comes from Latin Litteraepatentes, which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive rights certificate signed by the British king himself.

In modern times, patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs. As the most effective carrier of technical information, patent literature contains more than 90% of the latest technical information in the world, which is 5-6 years earlier than the information provided by general technical publications. Moreover, 70%-80% of inventions are only disclosed through patent documents, which are not found in other scientific and technological documents. Compared with other literary forms, patents are more novel and practical. It can be seen that patent literature is the largest technical information source in the world. According to empirical statistical analysis, patent literature contains 90%-95% of the global scientific and technological information. 20 16, 165438+ 10, China patent office accepted more than ten thousand patent applications from domestic and foreign applicants, accounting for nearly 40% of the global total, exceeding the sum of the United States, Japan and South Korea.