(1) must be a technological creation using natural laws, which belongs to the technical category. Artificial provisions and non-technical inventions cannot be used as patent objects.
(2) It must be reproducible and implementable, and the invention has been completed.
(3) Its invention and creation shall not violate the laws of the state, social morality or harm the public interests, which does not belong to the case that the patent right is not granted according to law.
(4) Inventions and creations must be patentable (novelty, creativity and practicality).
The object of patent right includes: invention, utility model and design. According to the provisions of China's patent law, the objects of patent law include inventions, utility models and designs.
1
An invention must be a technical scheme, the result of the inventor's application and combination of natural laws in a specific technical field, not the natural laws themselves, so scientific discovery does not belong to the category of invention. At the same time, inventions are usually intellectual achievements in the natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions in the sense of patent law.
2. utility model
The utility model patent only protects the product. Products should be manufactured by industrial methods and occupy a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents. The above methods include manufacturing methods, using methods, communication methods, processing methods, computer programs and using products for specific purposes.
Step 3 design
Appearance design, also known as industrial product appearance design, refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or their combination of products and the combination of color, shape and pattern.
What is the procedure for applying for a patent?
1, preliminary examination. The patent administration organ shall find out whether the application meets the requirements of the patent law on the form of application.
2. Pre-publicity. After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it meets the requirements, and shall publish it 18 months after the date of application. The Patent Office may publish its application at an early date upon the request of the applicant.
3. Substantive review. An application for a patent for invention may, at the request of the applicant, be examined in substance at any time within 3 years from the date of filing; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may examine the application for a patent for invention on its own.
4. Announcement of authorization registration. If the application for a patent for invention is not found rejected after substantive examination, the Patent Office shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
Legal basis:
patent law of the people's republic of china
Article 2 Inventions and creations mentioned in this Law refer 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.