There is no need for physical objects, but there must be pictures that clearly show the structure.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
In addition, the conditions for granting patent rights must be met. The relevant provisions of the Patent Law are quoted as follows:
Article 22: Inventions and utility models for which patent rights are granted must possess novelty, Creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 23: The design for which patent rights are granted shall not be an existing design; and no unit or individual has submitted an application to the patent administration department of the State Council for the same design before the application date. and be recorded in patent documents published after the filing date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
The term "existing designs" as used in this Law refers to designs that were known to the public at home and abroad before the date of application.
Article 24 If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
(1) In China Exhibited for the first time at an international exhibition sponsored or recognized by the government;
(2) Published for the first time at a prescribed academic conference or technical conference;
(3) Others have not The content is disclosed with the consent of the applicant.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Obtained by nuclear transformation method Substance;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a logo.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
Article 26 When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.