To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted.
To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted.
Patent application documents can be written by the applicant himself or by others.
The flow chart of application and examination of patents for inventions, utility models and designs is as follows: Inventions and utility models granted patent rights should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable 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 design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.