Patent application needs to consider the following questions:
First, search, whether it is existing technology or products.
Of course, you may not know how to search technology, but you can search through the patent engineers of some patent application agencies, which will have higher accuracy and the patent engineers will give you some analysis suggestions.
Two. Novelty, creativity and practicality in accordance with the provisions of the patent law
novel
Refers to an invention or utility model that does not belong to the prior art; No unit or individual 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 was recorded in the patent application documents published or made public after the filing date.
creativity
Compared with the prior art, the invention has outstanding substantive characteristics and remarkable progress, and the utility model has substantive characteristics and progress.
feasibility
Refers to the invention or utility model that can be manufactured or used and can produce positive effects. "Can be manufactured or used" means that the invention can be manufactured in large quantities in industrial and agricultural production and other industries, and applied to industrial and agricultural production and people's lives, resulting in positive effects. It must be pointed out here that the patent law does not require that an invention or utility model can be patented only after production practice, but that it can be realized in the production of industries such as industry and agriculture.
A patented invention must be a significant improvement of existing technology or knowledge, not just a significant improvement of known technology or knowledge. This provision is to prevent inventors from submitting patent applications only by making minor modifications to existing products. If it can be easily completed by using conventional technology or being familiar with such technology, it is not in line with the progressive spirit of this patent whether or not the efficacy is increased.
3. Do not violate the law, social morality or public interest.
Four. The design shall not conflict with the legal rights that others have obtained before the application.
5. Designs that do not belong to scientific discoveries, laws and methods of intellectual activities, methods of diagnosis and treatment of diseases, species of animals and plants, substances obtained by nuclear transformation, patterns and colors of printed matter, or a simple combination of the two (applications can be filed if the production methods of the above four products meet the conditions for granting patent rights in the Patent Law).
The preparation of patent application documents for intransitive verbs should be complete, mainly including:
1. To apply for a patent for invention or utility model, a request, specification, abstract and patent claim 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 can be realized by technicians in the technical field. Drawings should be available 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 based on genetic resources, the applicant shall specify 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.
2. To apply for a patent for design, a request, design pictures or photos, design specifications and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall indicate the design of the product for which patent protection is required.
Seven, the most important thing in the patent application is the writing of the claim.
The claim is an application document that must be submitted when applying for a patent for invention and a patent for utility model. It is the content of a patent for invention or utility model, has direct legal effect, is the core of patent application, and is also an important legal document to determine the scope of patent protection. The applicant can fill it out or write it himself, or entrust a patent agency to handle it.