There are no special provisions in the Patent Law regarding minors’ application for patents. Patent rights are personal rights and property rights. So whether minors can apply for patents and how to apply for patents should be in accordance with the provisions of the General Principles of Civil Law. implement.
You can take a look at the following legal provisions
Article 11 Citizens over the age of 18 are adults, have full capacity for civil conduct, and can independently carry out civil activities. They are fully civil Capable person.
Citizens who are over 16 years old but under 18 years old and rely on their own labor income as their main source of living are regarded as persons with full capacity for civil conduct.
Article 12 A minor over ten years old is a person with limited capacity for civil conduct and may carry out civil activities commensurate with his age and intelligence; other civil activities shall be represented by his legal agent. or with the consent of his legal representative.
Minors under the age of ten are persons without capacity for civil conduct, and their legal representatives shall act as agents for civil activities.
Therefore, generally speaking, minors still need a guardian’s signature, and at least they need to provide some application fees! Secondly, if the guardian is not asked to sign, there is no problem, because the patent application is valid after authorization, so applying for a patent does not harm the rights of others. From this perspective, if you have certain civil capacity and know what you are doing, I think You can apply for a patent yourself.
Conclusion: Legally speaking, a guardian’s signature is not required, but when implemented, the guardian is required to provide application fees, registration fees and other fees. In addition, when applying for a patent, it is best for family members to be more supportive and able to provide them. Some opinions.
If you don’t want your guardian to sign, you can submit the application directly. At most, the application will be returned for modification by the Intellectual Property Office.