First, the basic meaning of patent registration
In China, at present, the patent application is filed by People's Republic of China (PRC) and China National Intellectual Property Administration, and the patent right can only be obtained after being examined and approved by People's Republic of China (PRC) and China National Intellectual Property Administration according to legal procedures. In China, there are currently three types of inventions, namely, inventions, utility models and designs.
In the application stage, they are called application for invention patent, application for utility model patent and application for design patent respectively. After being authorized, they are called invention patent, utility model patent and design patent respectively. At this point, the applicant is the patentee of the corresponding patent.
Second, the conditions for granting patent registration
Different countries have different patent laws. China and most countries require the invention to be novel, advanced and industrialized. Novelty means that on the date of filing a patent application or the priority date, the invention is unprecedented in the prior art, that is, it has not been known to the public. Any written, tape, record, photographic, oral or used publication will lose its novelty. Some countries adopt world novelty, some countries adopt domestic novelty, some countries know that the world scope is the standard, and the public takes the domestic scope as the standard. Advanced, also known as creativity, means that when applying for a patent, the invention is more advanced than the existing technology, and its degree is not obvious to ordinary professionals in this technical field. Practicality means that an invention can be manufactured and used in industry.
Three. Types of patent registration
There are three kinds of patent registration: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
4. The application documents that should be submitted when applying for patent registration.
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color and black-and-white pictures or photographs shall also be submitted.