People's Republic of China (PRC) Patent Law Article 2 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.
What is the patent application process?
1. Before applying for a patent, the inventor shall search the patent and non-patent documents to determine whether the applied patent is novel, creative and practical; 2, the inventor according to the literature retrieval results and the scope of patent protection, write the first draft of the patent application specification and other documents, and fill in the patent application form of the Institute of Physical and Chemical Sciences; 3. The inventor shall submit the electronic version of the first draft of the application specification and other documents together with the application to the business office; 4. After formal examination of the application materials submitted by the inventor, the business department entrusts a patent agency to apply; 5, the patent agent according to the first draft of the application specification, write formal application documents. During the period, the patent agent has the right to know the technical data related to the application from the inventor, and is responsible for keeping the contents of the application confidential; 6. After all the application documents are confirmed by the inventor, the patent agent completes filling, printing and copying in the format specified by the Patent Office, and then formally submits the application to the Patent Office; 7. The Patent Office shall accept the application that meets the acceptance conditions, determine the application date and application number, and issue a notice of acceptance; 8. After receiving the notification of acceptance, the business department shall file a patent application and pay various application fees; 9. The business department will disclose the relevant acceptance information in the online office system of the institute, and provide the research group with a copy of the acceptance notice to facilitate the research group to inquire and copy other relevant documents of the patent application; 10. After receiving the various registration fees paid, the Patent Office authorizes the registration and announcement of the patent and issues a patent certificate.