Novelty refers to a new technical scheme, which is different from all the technologies that have been published or unpublished in the application of the National Information Bureau and can be compared separately. Creativity is not only different from the existing technology, but also has substantive characteristics and remarkable progress.
Novelty means that the invention or utility model does not belong to the prior art; 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.
The procedure of patent application is as follows:
1. Patent application: To apply for a patent, the applicant shall first submit a patent application to China National Intellectual Property Administration, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations. At the same time, the patent application can be in written or electronic form;
2. Acceptance by the Patent Office: After the applicant submits the patent application, the Patent Office determines the date of the patent application, gives the application number and issues an acceptance notice;
3. Preliminary examination: After accepting the application, the Patent Office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be published within 18 months from the date of application;
4. Substantive examination: If the invention patent has passed the preliminary examination or supplementary proof that the application has passed, the Patent Office will start the substantive examination of the patent application, which mainly evaluates the novelty, creativity and practicality of the patent. If it passes the substantive examination, the Patent Office will grant the patent right to the applied invention patent; If it is unqualified, the applicant shall modify the application documents accordingly, grant the patent right if it is qualified, and reject the patent application if it is unqualified;
5. Grant of patent right: The applicant needs to go through the registration formalities after receiving the notice of grant of patent right. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after going through the registration formalities.
Article 33 of the Patent Law of People's Republic of China (PRC) * * * An applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specification and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.