(1) Principle of first application If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Where two or more applicants apply for a patent for the same invention-creation on the same day, it shall be determined by the applicants through consultation.
In addition, unless otherwise agreed, the right to apply for a patent for an invention-creation jointly completed by two or more entities or entrusted by another entity belongs to the entity that completed it or the entity that jointly completed it; After the application is approved, the patent right is owned or held by the applicant.
(II) Principle of Priority Where an applicant files a patent application for the same subject in China within 12 months from the date when a foreign country first filed an application for a patent for invention and utility model, or within 6 months from the date when a foreign country first filed an application for a patent for design, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.
Applicants who file an application for a patent for invention or utility model with the Patent Office on the same subject within 12 months from the date of their first application in China may enjoy priority.
(3) Principle of one invention and one patent An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for a design shall be limited to a design used by a product.
2. Conditions for applying for a patent
(1) Requirements for patent applicants A patent applicant refers to an individual or unit that has the right to file a patent application with the Patent Office for inventions and creations. The patentee refers to the individual or unit that enjoys the patent right according to law, including the patentee and the patentee. The so-called patentee refers to the unit owned by the whole people whose patent application has been approved; The patentee refers to other patentees except units owned by the whole people.
(2) For service inventions, according to the provisions of Article 6 of the Patent Law and Article 10 of the Detailed Rules for the Implementation of the Patent Law, the right to apply for a patent belongs to the unit that performs the task of the unit or mainly uses the material and technical conditions of the unit. The service inventions and creations accomplished by carrying out the tasks of the unit mentioned here refer to the inventions and creations made in the course of one's own work; The invention and creation related to the post delivered by the unit when performing its duties; Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the work undertaken by myself in the original unit or the tasks assigned by the original unit. The "material conditions of the unit" mentioned here refers to the funds, equipment, spare parts, raw materials or technical data that are not disclosed to the public.
The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the patent right shall be held or owned by the unit. For non-service inventions, the right of application belongs to the inventor; After the application is approved, the patent right belongs to the applicant.
* * * Co-invention refers to the invention and creation completed by two or more units or individuals. Unless otherwise agreed in the agreement, the right to apply for a patent for a joint invention-creation belongs to the joint inventor; After the application is approved, the patent right belongs to * * and the inventor * * *.
3. Patent Application Where an application for a patent for invention or utility model is filed, the application documents, specifications, abstracts and claims shall be submitted; Where an applicant applies for a patent for design, he shall submit a request, a picture or photograph of the design and other documents, and specify the product using the design and its category.