General requirements for the hottest patent applic

2022-08-12
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General requirements of patent application

1. The form of patent application

the patent application must be in written form, and it is not allowed to replace or omit the written application document by oral description or by providing samples or models. Only written documents have legal effect in the patent approval process. For example, if the disclosure of the application documents submitted by the applicant at the time of application is insufficient, even if the physical object of the invention has been submitted at the time of application, it cannot be used as a reason to overcome the defect of insufficient separation. The only exception to the principle of written patent applications is applications involving microorganisms. The patent law stipulates that the characteristics of microorganisms should not only be described in the patent application specification, but also in the designated preservation microbial entity itself

with the development of science and technology, applying for patents with electronic information carrier is attracting the attention of all countries. At present, China is also testing in a few patent agencies to submit floppy disks with the same information while improving paper applications. However, according to the current patent law of our country, the written form is still only a paper document, that is, an application document. Magnetic tape, floppy disk, video tape and other information carriers are not considered as written forms. The principle of written application should be adopted not only when filing an application, but also when going through various procedures in the process of patent application

2. What are the parts of the application document?

for an application for a patent for invention, the application document shall include: a request for a patent for invention, a description (with accompanying drawings if necessary), a claim, an abstract and its accompanying drawings in duplicate

where an application for a patent for utility model is filed, the application documents shall include: the request for a patent for utility model, the drawings of the description, the claims, the abstract and the drawings in duplicate

where an application for a patent for design is filed, the application documents shall include: a request for a patent for design, pictures or photographs, each in duplicate. If color protection is required, one color and one black-and-white picture or photo shall also be submitted. If pictures are submitted, both copies shall be pictures; Submit photos in duplicate. If color protection is required, one color and one black-and-white picture or photo shall also be submitted. If pictures are submitted, both copies shall be pictures; If photos are submitted, both scores should be photos; Do not mix pictures or photos. If it is necessary to explain the pictures or photos, a brief description of the design shall be submitted in duplicate

each part of the patent application document for invention or utility model shall be arranged in the following order: request, abstract of the description, abstract drawings, claims, description, drawings of the description or other documents. The patent application for design shall be arranged in the order of request, picture or photo and brief description. All parts of the application documents shall be numbered in Arabic numerals

3. Paper requirements of application documents

the paper quality (folding resistance, strength, whiteness and quantity) of application documents should be equal to or slightly higher than the quality of writing paper (qb28--73) or offset paper (qb25--62). There shall be no useless words, marks, frames, lines, etc. on the paper. All documents shall be A4 (210 × 297 mm) size paper

the paper of the application document should be used vertically, only one side. The text should be printed from left to right, leaving 25mm blank on the left and top of the paper, and 15mm blank on the right and bottom, so as to facilitate publication and review. The first page of each part of the application document must use the form uniformly formulated by the China Patent Office. These forms can be purchased from the acceptance Office of the China Patent Office, local agencies that ensure that there will be no abnormal noise during the application process, as well as patent administration agencies and patent agencies

4. Requirements for writing and writing of application documents

all parts of the application documents shall be in Chinese. If there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text shall be indicated. If the attachment or certificate provided by the applicant is in a foreign language, it shall be accompanied by a Chinese translation, and the simplified Chinese characters shall be used in accordance with the provisions of the joint notice on simplified characters issued by the Chinese character Reform Commission, the Ministry of culture and the Ministry of education on March 7th, 1964

the application documents, including the request, should be typed or printed in No. 4 or No. 5 Song typeface or imitation song style, and the handwriting is black. If it is required to submit documents in duplicate, one of them is the original and the other is a copy. Application documents are not allowed to be altered. If it is really necessary to add, delete or change, it shall be handled through the procedures of supplement and correction after the application is submitted. The textual corrections and amendments to the application documents shall not exceed the scope recorded in the original description and claims

if there is a figure in the application document, it should be drawn with ink and drawing tools, taking 2015 as an example. The lines should be clear and cannot be altered

5. The unity of the content of a patent application requires that the content of a patent application should be limited to an invention, a utility model or a design used by a product; It is not allowed to put two different inventions or utility models in one patent application, and it is not allowed to put two designs of a product or designs of more than two products in one design patented product. This is the single requirement of patent application content. It is generally referred to as a principle that enables an invention to be applied after each spraying

on the one hand, it is conducive to the patent office to classify and examine patent applications; On the other hand, it is also convenient for the public to search and consult patent documents; Third, it also brings convenience to the patentee's transfer or signing of license contracts; Of course, it is also for the applicant to bear the application fee fairly and reasonably

however, the requirement of single application can not only be absolute. When more than two inventions or utility models are technically related different implementation schemes under the general concept of technical invention, it may be inconvenient to review, search and transfer if such schemes are not separated. Therefore, China's patent law and the international community generally allow such several inventions or utility models to be applied for together. For example, invention 1 is a substance x, and invention 2 is the application of substance x as an insecticide. Such two inventions can be applied together. For another example, invention 1 is a receiver characterized by a time axis compressor of video signals, and the two inventions can be applied together

similarly, for different products in the same sub category in the design classification table, if they have the same design idea and the same design style, and are customarily sold or used at the same time, the design of such two or more products can be put forward in one design patent application. For example, a complete set of coffee sets including pots, plates and cups, or a complete set of tableware including bowls, plates, spoons and other items, can be filed in a design patent application

judging the singularity of patent applications is sometimes a complex problem. Therefore, the applicant is allowed to modify the application to make it conform to the singularity, that is, only one invention or utility model, or a design of a product is left in the application by modifying the use, when the examiner makes the application or finds that the application does not have singularity. Other inventions, utility models or designs contained in the original application are allowed to be re applied by the applicant. Such an application with the invention, utility model or design separated from the original application is generally referred to as the divisional application of the original application

although the singularity requirement of the patent application is not a substantive condition for the grant of the patent right, when the examiner believes that the application does not meet the singularity and requires the applicant to modify, if the applicant refuses to modify, it may still be tightened in time, resulting in the rejection of the application

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