The conditions for application for invention and utility model patents are:
1. The materials are complete, legal and valid. Generally includes a request, description, abstract and claims, etc.;
2. The applicant is qualified. That is, the applicant must be the patent owner or his authorized agent;
3. Have novelty, creativity and practicality;
4. Other conditions.
Legal Basis
Article 26 of the Patent Law
When applying for a patent for invention or utility model, a request, description and abstract must be submitted. Claims and other documents.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 22
Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.