The substantive conditions for obtaining patent rights are novelty, creativity and practicality.
The departments to apply for patents are as follows:
1. State Intellectual Property Office:
Manage national patent work (including foreign-related intellectual property matters; do not directly handle and administrative law enforcement power to mediate patent disputes; has the function of guiding the formulation and law enforcement of local regulations, as well as the function of specifying jurisdiction)
Unified acceptance and review of patent applications, and granting patent rights in accordance with the law (local intellectual property offices do not review and review The function of granting patent rights)
2. The establishment of local departments for managing patent work:
Provincial people's governments (provincial and autonomous region intellectual property offices; municipal intellectual property offices)
People's governments at or above the prefecture level (inclusive) (Intellectual Property Offices of capital cities of provinces and autonomous regions; Intellectual Property Offices of cities under separate state planning; Intellectual Property Offices of cities at the prefecture level; Intellectual Property Offices of municipalities and districts; Xinjiang Construction Corps Intellectual Property Office)
3. Functions of local patent management departments:
Processing functions:
(1) Determine whether the infringement of patent rights is established.
(2) Investigate and deal with patent counterfeiting.
Mediation functions:
(1) Amount of compensation for patent infringement;
(2) Disputes over patent application rights and ownership of patent rights;
(3) Disputes over the qualifications of inventors and designers;
(4) Disputes over rewards and remuneration for inventors and designers of service inventions;
(5) Invention Disputes arising from the use of an invention without payment of appropriate fees after the patent application is published and before the patent right is granted;
(6) Other patent disputes.