What is the process of patent application? What are the conditions for granting a patent?
What is the process of patent application? What are the conditions for granting a patent? In recent years, China has paid more and more attention to the protection of patent rights. The most obvious performance is that the websites of major film and television platforms have adopted the way of paying for watching movies in order to protect the patents of film and television works. So what are the conditions for applying for a patent and being granted a patent? What is the process of patent application? (1) If the documents for preliminary examination of a patent application meet the format requirements, and the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. The preliminary examination procedure mainly examines whether there are obvious substantive defects in the application. (2) The publication of an application for a patent for invention has entered the stage of waiting for publication since the date of issuance of the notice of preliminary examination. The applicant requested that it be published in advance. The application immediately enters the publication preparation procedure. About three months later, it was published in the patent bulletin. (3) Substantive review. After the publication of an application for a patent for invention, if the applicant requests substantive examination and has paid the substantive examination fee, the China National Intellectual Property Administration Patent Office will issue a notice to enter the substantive examination procedure, and the application will also enter the substantive examination procedure. What are the conditions for granting a patent? An invention granted a patent right according to the Patent Law of China shall be novel, creative and practical. (1) Novelty refers to the fact that the invention does not belong to the prior art, and no unit or individual has applied to the patent administration department of the State Council for the same invention before the filing date, and it is recorded in the patent application documents or patent documents published after the filing date. (2) Creativity means that the invention has outstanding substantive features and remarkable progress compared with the prior art before the filing date. (3) Practicality means that the invention can be manufactured or used and can produce positive effects. (4) Existing technology refers to the technology known to the public at home and abroad before the date of application. Therefore, novelty, creativity and practicality are the necessary conditions for granting the invention patent right. The application procedure for invention patent includes seven stages: application, acceptance, preliminary examination, publication, substantive examination, authorization and announcement. To apply for a patent, the prescribed patent application documents shall be submitted to China National Intellectual Property Administration, which must be in written or electronic form and filled in according to the prescribed format. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. What is the process of patent application? What are the conditions for granting a patent? We are here to answer this question for you. If you want to apply for a patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.