The description of the patent procedure is as follows:
1, the principle of patent grant:
According to the basic principle of patent law, only one patent right can be granted for the same invention. When two or more people file separate patent applications for the same invention, there are two principles: one is the invention priority principle, and the other is the application priority principle. The principle of prior invention means that if two or more people file a patent application for the same invention, the patent right shall be granted to the person who made the invention 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, at present, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle of patent application. The so-called principle of first application means that when two or more people apply for the same invention separately, the time when they made the invention is subject to the time when they filed the patent application, that is, the patent right is granted to the person who applied first. China and most countries in the world adopt this principle.
2, patent examination procedures:
Countries have different requirements for the examination of patent applications, and basically implement two different systems. Some countries implement the formal examination system, that is, only examine whether the form of patent application meets the legal requirements, but not whether the invention meets the substantive conditions such as novelty. Some countries implement substantive examination system, that is, not only the form of application is examined, but also whether the invention has the conditions of novelty, advancement and practicality. Only inventions with the above patent conditions can be granted a patent right. China and most countries in the world adopt the substantive examination system.
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.