Application conditions for invention patent right:
1. Formal conditions include subject qualification and complete documents (request, specification and its abstract and claims);
2. Substantive conditions: the submitted documents meet the requirements and pass the substantive examination (products, methods or new technical solutions for their improvement);
3. Other conditions.
Legal objectivity:
patent law of the people's republic of china
second
Invention-creation as mentioned in this Law refers 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 made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
patent law of the people's republic of china
Article 39
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.