How citizens should apply for a patent

A patent is an exclusive right granted by the state to an inventor or designer for a certain period of time on his or her invention and design results. How should citizens Apply for patents? Please follow the editor of Legal Savior Network to learn more below.

How citizens should apply for patents

It is necessary to prepare materials and submit them to the Patent Office for application.

Patent is granted by the state to the inventor or designer Exclusive rights to their inventions and designs within a certain period of time. According to my country's Patent Law, patents are divided into three categories: invention patents, utility model patents and design patents. According to the provisions of Article 25 of the Patent Law, scientific discoveries, rules and methods of intellectual activities, methods of disease diagnosis and treatment, animal and plant varieties, and substances obtained by nuclear transformation methods are not patentable, but the production methods of animals and plants are not patentable. , a patent can be granted. Citizens applying for patents should pay attention to the following matters:

(1) First of all, it should be clear whether the invention he holds is a service invention or a non-service invention: a service invention means that the inventor or designer completes the work assigned by the unit where he works. Tasks, or inventions that are mainly obtained by utilizing the material conditions of the unit where they work. Service inventions must be patented by the unit, and individuals do not have the right to apply. Non-service inventions refer to inventions made entirely by employees using their personal abilities after completing work assigned by the unit where they work. Non-service inventions can be patented by individuals.

(2) Application document requirements: Applying for a patent should Submit request letter and instructionsThe book, its abstract, claims and other documents. The request shall state the name of the invention, the name of the inventor or designer, the applicant's name, address and other matters. The description should provide a clear and complete description of the invention, and the claims should describe the scope of patent protection required.

(3) First-to-file principle: my country’s patent rights The patent is granted on a first-to-file basis, that is, when two or more applicants apply for a patent for the same invention, the patent right is awarded to the person who applied first.

(4) Review and approval of patent applications: After the Patent Office receives an invention patent application and determines that it meets the requirements of the Patent Law after preliminary examination, it will be published eighteen months from the date of application.

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