1. What are the conditions and requirements for patent application
1. Novelty Nature: means that the invention or utility model does not belong to the existing technology, and no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and records the patents published after the application date. application documents or published patent documents.
2. Creativity: means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model There are substantial features and improvements. The judgment of inventiveness focuses more on the non-obviousness of the technology. Although an invention has novelty, it does not necessarily involve creativity.
3. Practicality: means that the invention or utility model can be manufactured or used and can produce positive effects. A practical invention must be able to be made or used, that is, it must be implementable.
4. Legal basis: Article 22 of the "Patent Law of the People's Republic of China" stipulates that inventions and utility models granted patent rights must be novel, Creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, 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 term "existing technology" as used in this Law refers to the technology that is known to the public at home and abroad before the filing date.
2. What are the benefits of applying for a patent?
1. Patent application is actually a way for the patentee to use the disclosure of the patented technical solution in exchange for the patentee’s exclusive monopoly on the professional technical solution within a certain period of time, that is, disclosure in exchange for protection.
2. Once the technical solution requested by the patent applicant is authorized by the State Intellectual Property Office, it has patent rights. The patentee can exclude other No one can use the patented technical solution. Even if others independently develop the same technical solution after the patent application date, they cannot use it. This is the biggest benefit and function of patent application.
3. Compared with patent applications, the owner of a technical solution can also protect the technical solution as a trade secret. In terms of trade secrets, others cannot be excluded from using the same technical solution independently developed by them. On the other hand, in When a trade secret is leaked, it is very difficult to prove that the technical solution is a trade secret, which is very difficult in practice. In contrast, the patentee has to prove that he owns the patent right, and he only needs to prove that he owns the patent certificate. .
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