1. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
2. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Patent right is exclusive, timely and regional.
1, the so-called patent exclusivity refers to the exclusive right holder of the patent right, and the patentee has the right to possess, use, benefit and dispose of its right object (i.e. invention and creation).
2, the so-called timeliness of patent right means that the patent right has a certain period, that is, the protection period stipulated by law.
3. The so-called regionality of patent right is the space limitation of patent right. It means that patents granted and protected by a country or region are only valid within the scope of that country or region and have no legal effect on other countries and regions.
I. Application process of invention patent 1. Application: The applicant submits a written application to the patent administration department of the State Council.
2. Preliminary examination: After receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it conforms to the provisions of the Patent Law, and immediately announces it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
3. Actual examination: within three years from the date of application, the patent administration department of the State Council may conduct substantive examination of the application according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
4. Authorization: If the application for a patent for invention is not found to be rejected after substantive examination, the patent administration department of the State Council 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.
Two. 1 Application process of utility model patent. Application: The applicant submits a written application to the patent administration department of the State Council.
2. Examination: China implements a preliminary examination system for utility model patent applications. In the process of preliminary examination, the examiner will issue a notice of correction for formal problems in the application documents and a notice of examination opinions for obvious substantive problems, and the applicant will reply to the notice.
3. Authorization: After passing the preliminary examination, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. The applicant can obtain a patent certificate after going through the registration formalities.
patent law of the people's republic of china
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.