1, the basic conditions for applying for a patent are as follows:
(1) The invention or utility model is novel, creative and practical;
(2) The invention for which a patent is applied is a new technical scheme for a product, method or its improvement;
(3) The applicant is qualified;
(4) Other application conditions for invention patents.
2. Legal basis: Article 42 of People's Republic of China (PRC) Patent Law.
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.
Second, how many years will the technology patent be protected?
How many years of technical patent protection, as the case may be:
1, the protection period of invention patents is generally 20 years;
2. The term of protection of utility model patents is generally 10 year;
Generally speaking, the term of patent right for design is 15 years.