2. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
3. Simply put, novelty is different from all published or unpublished technologies applied by the National Information Bureau. It is a new technical scheme and can be compared separately. Creativity means that it is not only different from the existing technology, but also has substantive characteristics and remarkable progress.
Extended data
Application process of invention patent
Qualification of the bidding object
1. Accept the patent fees involved represented by the applicant (patentee) or agency.
2. Foreign-related patents or patent fees involving PCT patents are not accepted (patent fees for foreign-related patents refer to fees related to patent applications by non-China citizens and legal persons from Hong Kong, Macao and Taiwan).
3. Types of patent fees accepted:
(1) Application fee for invention patent, utility model patent and design patent (application for invention patent includes printing fee).
(2) Patent application surcharge (specification surcharge, claim surcharge).
(3) the substantive examination fee for the invention patent request.
(4) Patent registration fee (including stamp duty).
(5) Annual patent fee.
(6) late fees for annual patent fees.
(7) Request fee for patent restoration right.
Bidding procedure
Accept the patent fees paid by the applicant in person or remitted by the bank or post office. The date of payment of the patent fee shall be determined in accordance with the Patent Law, the detailed rules for the implementation of the Patent Law and the relevant provisions.
1. If the patent fee is paid in person, the date of face-to-face payment shall be the payment date, and the payer shall carefully fill in the payment list as the accounting voucher in accordance with the regulations.
2. For bank remittance, the remittance date is the payment date, and the bank remittance slip and remittance list are the accounting vouchers. The necessary payment information (patent application number and fee type) is missing in the bank remittance slip, and the payment date should be the date when the correct payment information is received.
3. If remittance is made through the post office, the remittance date shall be the payment date, and a copy of the post office remittance slip shall be the accounting voucher. If the postal remittance slip lacks the necessary payment information (patent application number and fee type), it will be refunded directly, and the original remittance date will not be retained after the refund.
4. After receiving the payment from the parties, use the computer charging system provided by China National Intellectual Property Administration Patent Office to keep accounts, and print the receipt in quadruplicate. The first copy and the third copy shall be sent to the toll office of China National Intellectual Property Administration Patent Office, the second copy shall be delivered to the payer, and the fourth copy shall be bound with the accounting voucher.
operation sequence/order
1. The applicant should fill in the payment information according to the contents of the payment list.
2. The agency charges a fee to print the receipt according to the payment information provided by the payer.
3. The payer shall check the printed payment receipt and payment voucher.
4. The agent will send the first copy and the third copy of the payment receipt to the toll office of China National Intellectual Property Administration Patent Office the next day, and fax the payment information to the toll office of China National Intellectual Property Administration Patent Office.
Reference-Baidu Encyclopedia Patent Law