Object of patent right
There are three kinds: invention; Utility model; Appearance design. An invention or utility model granted a patent right shall be novel, creative and practical; Patent design should be novel.
The conditions for granting patent right include two aspects: formal conditions and substantive conditions.
Formal condition
An invention-creation that needs to be granted a patent right shall be recorded in the patent application documents in written form in accordance with the format stipulated in the Patent Law and its detailed rules for implementation, and the necessary formalities shall be performed in accordance with legal procedures. If the document or procedure does not meet the requirements, it shall be corrected within the time limit prescribed by law or designated by the Patent Office. If it still does not meet the requirements after correction, the Patent Office will reject it.
Substantive conditions
Also known as patentability condition, it is the necessary basis for authorizing invention and creation. The patent law stipulates that inventions and utility models that are granted patent rights should be novel, creative and practical.
1. 1 novelty
Novelty as mentioned in the patent law refers to:
(1) Before submitting the application to the Patent Office, similar inventions had not been published in domestic and foreign publications. Publications here include not only books, newspapers and magazines, but also audio tapes, video tapes, video tapes and records.
(two) has not been publicly used in China, or otherwise known to the public. The so-called public use refers to the dissemination and application in the form of commodity sales or technical exchanges, and even known to the public through television and radio.
(3) Before the filing date of the application, no similar invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published later.
Therefore, before submitting an application, the applicant should conduct a comprehensive investigation on the novelty of his invention and creation. If it is obviously not novelty, there is no need to apply for a patent.
1.2 Creativity
Creativity mentioned in the patent law refers to:
Compared with the prior art before the filing date of this patent application, the invention has outstanding substantive characteristics and remarkable progress. The utility model has substantial characteristics and progress. The so-called "substantive features" refer to the essential differences, qualitative leaps and breakthroughs and applications compared with the existing technologies.
This kind of technical change and breakthrough is not obvious to ordinary people in the field. The so-called "progress compared with the prior art" means that the invention or utility model has technical advantages or obvious technical advantages compared with the prior art.
1.3 practicability
Practicality as mentioned in the patent law refers to:
An invention-creation for which a patent is applied can be manufactured in batches in industries such as industry and agriculture or can be applied in industry or life, and can produce positive effects.
According to the Patent Law, the design of the Western Pipe granted patent right shall be different from and not similar to the design publicly published in domestic and foreign publications or publicly used in China before the application date.
"Different" is a patent right granted, and the design of Xibuguan should be novel. It can neither be identical with the existing similar products in appearance design, nor can it be an imitation or plagiarism of them.
"Inconsistency" means that the patented design should be original. It can neither be a simple imitation of the appearance design of existing similar products, nor be slightly different from what only technicians in this field can see, but should be obvious differences and changes that the public can see at a glance. "Publication" and "public use" have the same meanings as inventions and utility models.