Basic meaning of patent application




Release time:2016-05-12

1.Basic meaning of patent application

Patent application refers to the necessary procedure for obtaining a patent right. For the acquisition of a patent right, the applicant shall apply to the State Patent Office, which shall approve and issue a certificate. When filing a patent application with the national patent authority, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc. In terms of patent applications, the provisions of patent laws around the world are basically the same.

According to the provisions of the patent laws of various countries, the inventor must explain the content of the invention and specify the scope of protection when filing a patent application. If necessary, a drawing is attached to explain the invention.

There are three types of patent applications under China's patent law.:Invention patent, utility model patent, design patent:

   1.Invention refers to a new technical solution proposed for a product, method or improvement thereof. It is divided into product invention and technical solution method invention. Product invention refers to all inventions that appear in tangible form, that is, to express their inventions with objects, such as machines, equipment, instruments, supplies, etc. The method invention refers to an invention in which the technical solution provided by the inventor is an invention in which a certain substance has a certain effect and makes it have a new technical effect. The method invention expresses its technical scheme through the form of operation mode and process.

   2The utility model refers to a new technical scheme suitable for practical use proposed for the shape, structure or combination of the product. The utility model patent only protects products with a certain shape, and products and methods without a fixed shape and designs characterized by simple flat patterns are not included in this protection. Due to the lack of substantive examination, short approval cycle and low fees for utility model patents and applications, the number of applications for this type of patent accounts for the total number of patent applications.2/3.

  3Appearance design refers to the shape of the product, pattern or its combination and the combination of color and shape, pattern made by the rich aesthetic feeling, and suitable for industrial applications of the new design, that is, the style of the product. It also includes designs that feature purely planar patterns.

2.Notice of Patent Application

1No patent right shall be granted for the following items:

(I) scientific discoveries;

(II) rules and methods of intellectual activity;

Diagnosis and treatment of (III) diseases;

(IV) animal and plant species;

(V) substances obtained by means of nuclear transformations;

A design that (VI) primarily identifies the pattern, color, or combination of the two of a flat print. A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in Item (IV) of the preceding paragraph.

 2Principles for granting patents:

According to the basic principle of patent law, only one patent right can be granted for the same invention. When two or more people file patent applications for the same invention, there are two principles: one is the principle of first invention, and the other is the principle of first application. The principle of first invention means that if two or more people apply for a patent for the same invention, the patent right should be granted to the person who made the invention first, regardless of the time of filing the patent application. However, when adopting this principle, there are often many practical difficulties in determining who is the first inventor. Therefore, only a few countries in the world such as the United States, Canada and the Philippines have adopted this patent application principle. The so-called first application principle means that when two or more people apply for the same invention separately, regardless of the time of making the invention, the time of filing the patent application shall prevail, that is, the patent right is granted to the first person to file the application. China and most countries in the world adopt this principle.

3Patent examination procedure:

Countries have different requirements for the examination of patent applications and basically implement two different systems. Some countries implement a formal review system, that is, only examine whether the form of the patent application meets the requirements of the law, but not whether the invention meets the substantive conditions such as novelty. Some countries implement the substantive examination system, that is, not only to examine the form of the application, but also to examine whether the invention has the conditions of novelty, advancement and practicality, and only the invention with the above patent conditions can be granted a patent right. China and most countries in the world adopt the substantive review system.

4There are two main types of patent law:

(I), service inventions and creations

The right to apply for a patent belongs to the company for a service invention-creation completed by performing the company's tasks or mainly using the company's material conditions;

(II), non-service inventions

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer himself.