Legal analysis: process: 1, application stage of utility model patent; 2. The examination stage of utility model patent; 3. The stage of patent authorization for utility model; Authorization: After passing the preliminary examination, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. Issuance of certificates: Applicants can obtain patent certificates after going through the registration procedures. This period of time is about 2-3 months. Condition: 1. Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed by others with the patent administration department of the State Council and recorded in the patent application documents published after the filing date. 2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress. 3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. 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. 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.