What should be paid attention to in patent application

With the increasing awareness of intellectual property protection, people's awareness of patents is no longer "indifferent" ten years ago. More and more enterprises have realized the importance of patents and learned to take legal weapons to safeguard their legitimate rights and interests.

1、 Who can apply for a patent?

1. Inventor or designer.

2. If the unit to which the inventor of the service invention belongs has entered into a contract with the inventor or designer, the agreement on the right to apply for a patent shall prevail.

3. Unless otherwise agreed, the right to apply for a patent for an invention or creation that has been completed jointly or cooperatively belongs to the entity or individual that has completed the invention or creation.

4. The legal transferee of the patent application right includes the person who obtained the patent application right through contract transfer and the person who obtained the patent application right through inheritance.

5. Where a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, the application shall be made in accordance with the agreement concluded between the country to which the foreigner belongs and China or the international treaty to which both countries are parties, or in accordance with the principle of reciprocity.

2、 What documents should be submitted for patent application?

1. Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, claims and other documents shall be submitted.

2. Where an application for a patent for design is filed, a request, pictures or photographs of the design, a brief description of the design and other documents shall be submitted.

3、 What are the main procedures for patent application examination?

1. The examination procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization.

2. In the examination of an application for a patent for utility model or design, there is no early publication or substantive examination, only three stages: acceptance, preliminary examination and authorization.

4、 What are the conditions for granting patent rights?

1. An invention or utility model for which patent right is granted shall possess novelty, inventiveness and practicality.

Novelty: it means that the invention or utility model does not belong to the prior art; Nor has any entity or individual applied to the patent administration department under the State Council for the same invention or utility model before the application date, and recorded it in the patent application documents published or the patent documents announced after the application date.

Creativity: compared with the prior art, the invention has prominent substantive features and significant 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.

2. The design for which patent right is granted shall not belong to an existing design; Nor has any entity or individual applied to the Patent Administration Department under the State Council for the same design before the application date and recorded it in the patent documents published after the application date; It needs to be significantly different from the existing design or the combination of existing design features; And shall not conflict with the legal rights acquired by others before the application date.

Patent application is becoming more and more important for enterprises. The acquisition of patent rights is conducive to enterprises' stable leading position in the industry by virtue of their own core competitiveness in the competition. With the country's attention to patent rights, patents can also bring more policy support to enterprises.