1. What are the conditions for granting the patent right for utility models?
A patent for utility model should be no
1. What are the conditions for granting the patent right for utility models?
A patent for utility model should be novel, creative and practical before it can be granted a patent right. The patent for utility model does not belong to the act of refusing to accept a patent as stipulated in Article 25 of the Patent Law.
Inventions and utility models granted patent rights should 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 with the administrative department for patent for the same invention or utility model before the application date, and it is recorded in the patent application documents published after the application date or in the public patent documents. 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 date of application.
2. How many types of patentees are there?
There are three types of patentees:
(1) the work unit of the inventor or designer; The right to apply for a patent belongs to an enterprise, institution, social organization or state organ that performs its task or mainly uses its material conditions to complete its service invention-creation.
(2) Inventors and designers. The right to apply for a patent for a non-service invention-creation completed by an inventor or designer belongs to the inventor or designer. The inventor or designer mentioned in the patent law refers to a person who has made outstanding contributions to the substantive characteristics of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the use of material conditions, or engaging in other auxiliary work is not regarded as an inventor or designer.
(3) * * * and the inventor, * * * and the designer. An invention created by two or more units or individuals is called a * * * co-invention, and the person who completed this invention is called a * * * co-inventor or a * * * co-designer. Unless otherwise agreed, the right to apply for a patent for the invention-creation belongs to the inventor. After the application is approved, the patent right belongs to * * * and the inventor. Unless otherwise agreed, the right to apply for a patent belongs to the entity entrusted by other entities to complete the invention and creation. After the application is approved, the patent right belongs to the applicant.
There are three types of patentees to grant utility model patents: the first is the unit of inventor and designer, the second is inventor and designer, and the third is * * * co-inventor and * * co-designer. An invention was completed by two or more individuals, and the patentee who applied for a patent was the inventor.