Can I apply for a patent for the technical scheme?

Legal analysis: technical patents refer to utility model patents and invention patents. According to the provisions of the Patent Law, the examination and approval procedure of an application for a patent for invention is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization, while an application for a patent for utility model only needs to be accepted, preliminary examination and publication. In the acceptance stage, the Patent Office receives a patent application and issues a notice of acceptance if it considers that it meets the acceptance conditions. In the preliminary examination stage, whether there are obvious formal defects in the application is examined. The patent right shall be granted to the utility model that has passed the preliminary examination and shall be announced. After the application for a patent for invention has passed the preliminary examination, it will enter the stage of publication and substantive examination. In the substantive examination, whether the application for a patent for invention is novel, creative and practical and other substantive conditions stipulated in the patent law will be comprehensively examined. If no reason for rejection is found, the Patent Office will issue a patent certificate and make an announcement.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, 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. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.

Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.