What are the requirements for applying for a patent?

Requirements are: practicality, novelty and creativity. Novelty means that the invention or utility model does not belong to the existing technology, and no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date. Creativity means that compared with the prior art before the filing date, 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.

1. Patent application is actually a way for the patentee to disclose the patented technical scheme, in exchange for the patentee to monopolize the professional technical scheme within a certain period of time, that is, open exchange protection.

2. Once authorized by China National Intellectual Property Administration, the technical scheme requested by the patent applicant has the patent right. The patentee may exclude others from using the patented technical scheme during the patent protection period. Even if others independently develop the same technical scheme after the patent application date, they cannot use it. This is the greatest benefit and function of patent application.

3. Compared with the patent application, the owner of the technical scheme can also protect the technical scheme as a trade secret. In terms of trade secrets, it is impossible to exclude others from using the same technical scheme independently developed by themselves.

: Write the application documents. The application documents for an inventor to apply for a patent may be written by himself or by a patent agent entrusted by a patent agency. As patent application is a highly legal and technical work, it is best to ask a patent agent to write patent application documents. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted.

Legal basis: According to Article 22 of the Patent Law of People's Republic of China (PRC), an invention or utility model that has been granted a patent right means that the invention or utility model does not belong to the existing technology; 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.