First, the reasons cannot be repeated.
Inventions and utility models granted patent rights should be novel, creative and practical. Novelty, no unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date. It is not novel that invalid patents are patented and made public.
Second, about the patent application fee:
The price management department and the financial department of the State Council shall cooperate with the standards stipulated by the patent administration department of the State Council.
Third, the procedure:
1, the parties file a patent application;
2. Preliminary examination;
3. Substantive review;
4. Issue the invention patent certificate.
Three. Conditions for invalidation of patent right
1, which is not an object protected by the patent law;
2. Applying for a patent abroad without confidentiality review;
3, does not conform to the novelty, creativity or practicality of the patent law;
4. The design conflicts with the prior right or does not meet the requirements of the new design;
5. The claim is not based on the specification;
6, relying on genetic resources to complete the invention, the applicant shall explain the direct source and original source of genetic resources in the patent application documents;
7. The submitted design photos are not clear;
8. Amend the statutory situation that the patent right is not granted according to law;
9. Repeated authorization does not conform to the definition of patent right.
legal ground
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it is recorded in the patent application documents published or announced after the filing date. 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. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.