1, the patent application conditions are as follows:
(1) Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed with the Patent Office by others and recorded in the patent application documents published after the filing date;
(2) Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
2. Legal basis: Article 26 of People's Republic of China (PRC) Patent Law.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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 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 of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Second, what is the process of patent application conditions?
The patent application conditions flow is as follows:
1. Prepare the application documents, including the request, specification, claim, attached drawings of specification and specification. A patent for design shall contain a request, a picture or photograph and a brief explanation. You can go to the service point of the State Patent Office to get the corresponding form;
2. Submission of materials.
3. Accepting the acceptance notice issued by the State Patent Office means that the patent application officially enters the examination and approval procedure;
4. Pay the application fee, in addition to paying directly at the toll office of the Patent Office or the agency of the Patent Office, you can also pay the application fee by bank or post office remittance. Pay attention to write down the application number when paying, and ask the staff of the bank or post office to input the patent application number, name, address, zip code, etc. But you shouldn't send cash directly to the patent office. No one will accept it. Pay attention to the payment within 15 working days from the date of receiving the letter of acceptance;
5, the patent office to review the application, the first is the preliminary examination, for patent applications other than inventions, as long as the preliminary examination is qualified, you can authorize the patent, and the unqualified amendments can be resubmitted. For invention patents, it is necessary to conduct a preliminary examination first, and then conduct a substantive examination after passing the examination. Only after substantive examination can a patent be obtained. Substantive audit, some can be carried out immediately, some have to wait 18 days before it can be carried out;
6. Obtain a patent certificate.