1, novelty. I haven't seen similar technical solutions before the application (including publicity, public use, common sense and existing applications);
2. Creativity. Compared with the prior art, it has outstanding substantive characteristics and remarkable progress;
3. practicality. Can be manufactured or used, and can produce positive effects.
Thereafter, the patent application shall be submitted to China National Intellectual Property Administration Patent Office for examination and confirmation.
As long as it has not been done before, it is basically possible to get legal authorization and protection after application.
Procedures for obtaining a patent right:
(1) patent application. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted; To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used. Among them, the request shall specify the name of the invention or utility model or design, the name of the inventor or designer, the name and address of the applicant and other matters; The description shall give a clear and complete description of the invention or utility model, which shall be subject to the understanding of the technical personnel in the technical field. When necessary, drawings shall be attached; Briefly explain the technical features of the invention or utility model; The patent claim shall be based on the specification and indicate the scope of patent protection.
The applicant may withdraw his patent application or modify his patent application documents at any time before being granted the patent right.
However, according to the provisions of the Patent Law, the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.
(2) Patent approval. According to the relevant provisions of the Patent Law, after receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it finds that it meets the requirements after preliminary examination. The Patent Office may publish its application at an early date upon the request of the applicant; 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. If the Patent Office considers that the application for a patent for invention is not in conformity with the provisions of the Patent Law after substantive examination, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit. If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. After the applicant has stated his opinions or made amendments, if the Patent Office still considers that the application for a patent for invention does not meet the requirements, it shall reject it; If the Patent Office finds no reason for rejecting an application for a patent for invention after substantive examination, it shall grant a patent right for invention, issue a patent certificate for invention, and register and announce it.
According to the provisions of the Patent Law, after receiving an application for a patent for utility model or design, the Patent Office shall grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it.
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.