1, principle of legal form. All procedures for patent application must be in written form or other forms stipulated by the China National Intellectual Property Administration Patent Office, in non-written forms such as oral, telephone and physical, or by means of communication such as telegraph, telex, fax and film, which directly or indirectly print, type or hand-write documents. All procedures should be regarded as undocumented and have no legal effect;
2. The principle of oneness. This means that a patent application can only be limited to one invention. However, two or more inventions or utility models belonging to a general inventive concept may be submitted as one application for the export or use of two or more designs of similar products, or as one application;
3. Apply first. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant;
4. The principle of priority. Patent priority refers to the patent applicant filing a patent application for invention and creation in a country for the first time, and then filing a patent application for invention and creation with the same theme within the statutory time limit. According to the relevant laws and regulations, the date of the first patent application is regarded as the filing date of his later application, which is the right that the patent applicant enjoys according to law. The purpose of patent priority is to exclude the possibility that the person who plagiarized the patent in other countries first filed an application and obtained registration.
Patent application and approval procedures:
1, preliminary examination. The patent administration organ shall find out whether the application meets the requirements of the patent law on the form of application;
2. Pre-publicity. After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it meets the requirements, and shall publish it 18 months after the date of application. The Patent Office may publish its application at an early date upon the request of the applicant;
3. Substantive review. Within 3 years from the date of filing, the Patent Office may, at the request of the applicant at any time, conduct substantive examination of the application for a patent for invention. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may examine the application for a patent for invention on its own.
4. Announcement of authorization registration.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.