1, the invention or utility model does not have obvious technical features or significant progress.
2. The invention or utility model only involves the prescribed simple method, the steps of the method or the simple device in the equipment.
Inventions and utility models that are not beneficial or harmful to national security, social interests and morality.
4. Invention of animal and plant, human body or gene sequence and its growth mode.
5. Materials for manufacturing nuclear weapons, nuclear explosive devices, biological weapons or their displays, and methods, devices and materials for manufacturing these weapons or devices.
6. Inventions and utility models in non-industrial fields such as pure works of art and participation in games.
7. Except for other circumstances stipulated by laws and administrative regulations.
China's patent right refers to the exclusive control of a new technology within the legal protection period. Patent right is an exclusive right, which can guarantee the inventor or patentee the exclusive right to the invention within a certain period of time. Patent rights include the following aspects:
1. Control scope of patent right. The patentee can completely control his own patent and impose restrictions or exclusive rights on similar inventions or innovations of others.
2. Term of patent right. The term of patent right in China is generally 20 years, counting from the date of application.
3. Transfer of patent right. Patent right applies to the transfer of ownership and use right of invention or utility model technology.
4. Licensing of patent rights. The patentee can license the exclusive use of the patent, or authorize others (licensees) to use it to earn a specific fee. Patent licensing shall meet the requirements of anti-monopoly, anti-unfair competition, anti-infringement and other laws and regulations.
Steps of patent application
1. Preliminary search: Before applying for a patent, the applicant should search the required patented technology in the national economy and technology field to see if the concept, scope and content of the related patented technology overlap with other technologies, so as to avoid patent infringement.
2. Qualification preparation: the applicant should prepare all kinds of documents and materials needed for patent application, including patent application, specification, abstract, drawings, etc. , in which the specification and abstract should elaborate the technical scheme and implementation method, as well as the specific implementation mode or data.
3. Submission of application: The applicant shall submit the prepared patent application documents to the China National Intellectual Property Administration Patent Office for examination.
4. Examination stage: China National Intellectual Property Administration Patent Office will conduct substantive examination of the submitted application documents, mainly including the evaluation of novelty, creativity and enforceability of the patent. There are two kinds of evaluation results: passed and failed. Applicants who fail to pass the examination may file a review or lawsuit against the conclusion of the examination.
5. Patent authorization: After passing the examination, the China National Intellectual Property Administration Patent Office will issue a patent authorization announcement, and the licensor will have the patent right.
6. Waiting for payment and annual fee: The patent right cannot be obtained once and for all. The applicant must pay a certain patent application fee and annual fee, and the patent or utility model must go through the prescribed examination and approval procedures and pay the annual fee to ensure its continued validity.