How patent rights are obtained

Obtaining Patent rights is an effective way to protect your invention. It has a positive effect on its inventors and creators. So, how to obtain patent rights? Today, the editor of Legal Savior Network will tell you what are the conditions and procedures for obtaining patent rights? I hope I can answer your questions.

How patent rights are obtained

Inventions and applications for which patent rights are granted A new type should possess novelty, creativity and practicality, which are called the three properties of a patent, each of which is indispensable.

Novelty: It requires that it is something that does not exist in the world before the application date and has not been publicly sold or exhibited;

Creativity: It requires that the technology be more advanced than the existing technology before the application date;

Practicality: It requires that it can be industrialized.

The Patent Law also stipulates that the design for which patent rights are granted must be different from and not similar to designs that exist in the world before the filing date.

Procedure for applying for a patent

Process for obtaining patent rights ：

(1) Patent application.

When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted;

If you apply for a design patent, you must submit a request and pictures or photos of the design, etc. document, and should indicate the product using the design and the category to which it belongs.

Among them, the request letter shall state the name of the invention or utility model or design, the name of the inventor or designer, the name of the applicant, address and Other matters; the description shall provide a clear and complete description of the invention or utility model, which shall be understood by those skilled in the technical field. When necessary, it should beDrawings should be attached; the abstract should briefly describe the technical features of the invention or utility model; the claims should be based on the description and explain the scope of patent protection required.

Applicants can withdraw their patent applications at any time before the patent rights are granted, and they can also modify their patent application documents.

However, according to the provisions of the Patent Law, modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims. Modifications to design patent application documents shall not exceed the scope represented by the original pictures or photographs.

(2) Patent review and approval.

According to the relevant provisions of the Patent Law, after the Patent Office receives an invention patent application and determines that it meets the requirements after preliminary examination, it will be 18 years from the date of application. It will be announced in a month. The Patent Office can publish the application as soon as possible upon the applicant's request; within 3 years from the date of filing of the invention patent application, the Patent Office can conduct a substantive examination on the application based on the request made by the applicant at any time; the applicant fails to request substantive examination beyond the time limit without justifiable reasons. Upon review, the application will be deemed withdrawn.

When the Patent Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own. After conducting a substantive examination of an invention patent application, if the Patent Office considers that the application does not comply with the provisions of the Patent Law, it shall notify the applicant and require him to state his opinions within a specified time limit or make modifications to his application. If you fail to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

If the patent office still considers that the invention patent application does not comply with the regulations after the applicant has stated its opinions or made modifications, it shall be rejected; If no reason for rejection is found during the substantive examination, the Patent Office shall grant the invention patent right, issue an invention patent certificate, and register and announce it.

According to the provisions of the Patent Law, after the Patent Office receives an application for a utility model or design patent, if no reason for rejection is found after preliminary examination, the utility model and design patent application will be granted. New patent rights or design patent rights shall be issued with corresponding patent certificates and shall be registered and announced.

The above is the conditions and procedures for obtaining patent rights compiled by the editor. I hope that after reading this, you will have a better understanding of which inventions can be patented, and that you will no longer be in a hurry when applying for patents in the future. If you have other legal knowledge that you need to know, the Legal Savior Network also provides it atOnline legal knowledge consultation. Everyone is welcome to consult on legal knowledge.