Legal analysis: Concepts can apply for patents, but they need to meet the following conditions: 1. Novelty means that the invention or utility model does not belong to the existing technology, and no unit or individual has patented the same invention. Or the utility model has been applied to the patent administration department of the State Council before the filing date; 2. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features. and progress; 3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Legal basis: Article 6 of the Patent Law of the People's Republic of China: Inventions and creations that are completed in the performance of the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer becomes the patentee. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail. Article 53 Under any of the following circumstances, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation: (1) The patentee has obtained It has been three years since the date of grant, and four years since the date of filing the patent application, and the patent has not been implemented or fully implemented without justifiable reasons; (2) The patentee's behavior in exercising the patent right is determined to be a monopoly behavior in accordance with the law. , in order to eliminate or reduce the adverse impact of the behavior on competition.