(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
What are the precautions in patent application?
1, the application should be timely.
Because the novelty and creativity of patent application are related to the filing date, the later the application, the greater the chance that this technology will be made public by others. Moreover, the patent right is granted to the person who applies first. Therefore, it may be that the application date is only one day later than others, and those who apply late will be subject to the early application for 20 years.
2, professionals to deal with.
The quality requirement of patent is "no best but better", because as long as someone can overturn your patent, it means you will give up all your efforts. With the progress of society, the social division of labor is becoming more and more detailed, mainly in the technical field. So, don't try to deal with problems that you are not good at.
3. Full disclosure to the agent.
The essence of patent is "exchanging technology disclosure for national protection". But most people want to apply for a patent and don't want to disclose their technology. Although this is not impossible to some extent, it is still difficult to achieve this goal. Because the patent law clearly stipulates that patent application documents must be "fully disclosed to meet the standards that can be achieved by those skilled in the field". As a patent applicant, it is best not to conceal some technologies by yourself, but to achieve this goal by communicating with patent agents. Otherwise, once it is considered as insufficient disclosure, it will be difficult to recover.
4. Pay attention to the timing of system application.
In a large research project, it is possible to apply for a series of patents in succession, and this series of patent applications are interrelated. So this series of applications may have the same innovation. If the time is not handled properly, apply for a patent after the previous patent application has made these inventions public.
5. Pay attention to the time and arrangement of external application.
If you want to apply for a patent abroad, you will generally apply for a patent at home first, and then apply for a patent abroad through priority. Through priority operation, you can modify some contents, which is worth it. When applying abroad through priority, it will involve the PCT route or the Paris Convention route. From the cost point of view, PCT route may be more than Paris Convention route, but this is only a possibility, and may even be much more economical than Paris Convention route. According to the specific situation, please ask the patent agent to analyze the specific problems and make reasonable arrangements.
6. Certificates are not equal to protection.
At present, many agents always undertake patent application business with the promise of "guarantee authorization", which is wrong. Because the purpose of applying for a patent is to protect, not just for an authorization certificate. Authorization certificate is a necessary but not sufficient condition for obtaining proper protection. Although you need an authorization certificate, having an authorization certificate does not necessarily mean that you will get the protection you deserve. So be careful not to be fooled by those agents who "guarantee authorization".
7. Patent application shall be made before technology transfer.
Needless to say, if you tell others about the technology before applying for a patent, once others spread it to you or apply for a patent, you will have nothing.
8. After applying for authorization, patent transformation should know how to enjoy the benefits. At present, many patented technologies actually have great application value. However, due to the lack of sufficient economic strength of patent rights, they have been unable to be put into practical application. The main reason is that the thinking of enjoying benefits is not in place, and both patentees and investors can't wait to put all the money they earn into their pockets, so it is difficult to cooperate. Because cooperation must be win-win, there is no one-way flow of interests.
All procedures for applying for a patent shall be handled in written form or other forms stipulated by the China National Intellectual Property Administration Patent Office. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, film and other means of communication are regarded as not submitted and have no legal effect.
legal ground
patent law
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.