What are the requirements for patent application? In addition to copyright, patent right is also a kind of intellectual property right, which refers to the exclusive right of the inventor to the product he invented within a certain period of time. I believe everyone is curious, what conditions do patent applications need to meet? Today, Intellectual Property has compiled the following materials to solve this problem.
I. Conditions to be met in patent application
To apply for a patent for invention or utility model, one must have three conditions: novelty, creativity and practicality, which are indispensable;
Novelty: It means that no identical invention or utility model has been published in domestic and foreign publications, used in China or known to the public in other ways before the filing date, and no identical invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date.
creativity: compared with the existing technology before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
practicality: it means that the invention or utility model can be manufactured or used and can produce positive effects.
if you apply for a patent for design, you can apply as long as you have novelty. The novelty mentioned here should be different from or not similar to the design publicly published in domestic and foreign publications or publicly used at home and abroad before the application date.
second, the procedure of applying for a patent
(1) consider whether to apply for a patent technically and economically. That is, whether the invention can meet the conditions of patent right technically; Whether the invention has enough economic value economically is worth applying for patent protection.
(2) writing application documents. The application documents for patent application by the inventor can be written by himself or by the patent agent of the patent agency. As applying for a patent is a highly legal and technical job, it is best to ask a patent agent to write the patent application documents. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted.
(3) Submit the application documents to the Chinese Patent Office or its agency. The applicant sends the prepared application documents to the Chinese Patent Office or agency for acceptance. If the application documents are mailed, the postmark date shall be the application date. All the mailed application documents shall be packed in large letters, and all the documents shall not be folded. When two or more application documents are contained in an envelope, a document catalogue shall be attached.
that's all. what are the requirements for patent application? Related content of. Patent application needs to meet the three conditions of novelty, creativity and practicality, which are indispensable. When you apply for a patent, you should also follow the procedures mentioned above. Patent application conditions What are the patent application conditions?