1. article 2 of the patent law: inventions mentioned in this law refer to inventions, utility models and designs.
invention refers to a new technical scheme proposed for a product, method or its improvement.
utility model refers to a new practical technical scheme for the shape, structure or combination of products.
appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of color, shape and pattern.
2. Paragraph 1 of Article 2 of the Patent Law: Where any entity or individual applies for a patent for an invention or utility model completed in China to a foreign country, it shall report to the patent administration department of the State Council for confidentiality review in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.
3. Article 22 of the Patent Law: Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date, and it is 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 filing date.
4. Article 23 of the Patent Law: The design for which the patent right is granted shall not belong to the existing design; No unit or individual has filed an application for the same design with the patent administration department of the State Council before the application date, and it is recorded in the patent documents announced after the application date.
compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
the design for which the patent right is granted shall not conflict with the legal rights obtained by others before the date of application.
the existing design mentioned in this law refers to the design known to the public at home and abroad before the filing date.
5. Paragraph 3 and Paragraph 4 of Article 26 of the Patent Law: the description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of technicians in their technical fields; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained.
The patent claim shall clearly and concisely define the scope of patent protection based on the specification
6. Paragraph 2 of Article 27 of the Patent Law: The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is required.
7. article 33 of the patent law: an applicant may modify his patent application documents, but the modification of the patent application documents for inventions and utility models shall not exceed the scope recorded in the original specification and claims, and the modification of the patent application documents for designs shall not exceed the scope indicated by the original pictures or photographs.
8. Paragraph 2 of Article 2 of the Detailed Rules for the Implementation of the Patent Law: The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features for solving technical problems.
9. Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law: A divisional application filed in accordance with the provisions of Article 42 of these Detailed Rules may retain the original filing date, and the priority date may be retained if it enjoys priority, but it shall not exceed the scope recorded in the original application.
1. Article 5 of the Patent Law: No patent right shall be granted for inventions and creations that violate laws, social ethics or prejudice the interests of the public.
No patent right shall be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and are completed by relying on the genetic resources.
11. Article 25 of the Patent Law: No patent right shall be granted for the following items:
(1) Scientific discovery;
(2) rules and methods of intellectual activities;
(3) methods of diagnosis and treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by nuclear transformation;
(6) the design that mainly serves as a logo for the pattern, color or the combination of the two of the plane printed matter.
the production method of the products listed in item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this law.
12. Article 9 of the Patent Law: Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for both a patent for utility model and an invention patent for the same invention-creation on the same day, and the patent right for utility model obtained first has not been terminated, and the applicant renounces the patent right for utility model, the invention patent right may be granted.
if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who applied first.