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What are the requirements for applying for a patent?

Release Time：

2022-08-05

Many people want to apply for a patent, but are not sure whether their invention meets the requirements of a patent. Today, with Deep Trust, we'll take a look at the conditions under which patents are granted and what won't be granted.

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

Novelty means that the invention or utility model does not belong to the prior art; Nor has any entity or individual filed an application with the patent administration department under The State Council before the date of filing for the same invention or utility model, which is recorded in the patent application documents published or published after the date of filing.

Creativity means that compared with the prior art, the invention has outstanding substantive features and significant 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 prior art mentioned herein refers to the technology known to the public at home and abroad before the date of filing.

(2) The design for which a patent right is granted shall not belong to an existing design and shall not infringe upon the prior rights of others.

Any design for which patent right is granted shall not belong to any existing design; Nor has any entity or individual filed an application with the patent administration department under The State Council for the same design before the filing date, and it is recorded in the patent documents published after the filing date.

The design for which a patent right is granted shall be markedly different from the existing design or from the combination of features of the existing design.

The design for which the patent right is granted shall not conflict with the legal rights acquired by others before the date of filing.

The existing design mentioned herein refers to the design known to the public at home and abroad before the date of filing.

(3) An invention-creation for which a patent is applied for does not lose its novelty if, within six months before the date of filing, any of the following occurs:

1. When there is a state of emergency or extraordinary circumstances, it is made public for the first time for the purpose of public interest;

2. First exhibited at an international exhibition sponsored or recognized by the Chinese government;

3. First published at a prescribed academic or technical conference;

4. Others disclose its contents without the consent of the applicant.

(4) No patent right shall be granted for any of the following:

1. Scientific discoveries;

2. Rules and methods of intellectual activity;

3. Methods of diagnosis and treatment of diseases;

4. Animal and plant varieties;

5. Nuclear transformation methods and substances obtained by nuclear transformation methods;

6. The design of the pattern, color or the combination of the two of the flat prints mainly plays the role of identification.

Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item 4 of the preceding paragraph.

The content of this article is extracted from the patent law.

Source: 32 Intellectual Association, Patent Law

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