Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Article 25 No patent right shall be granted to the following projects:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) substances obtained by nuclear transformation.

The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.

Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law:

Article 2 "Invention" as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement.

The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.

The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made by the shape, pattern or combination of products and the combination of colors, shapes and patterns.

1 general principles of patents

1. Request principle: a patent application must be filed before the patent office can accept it;

2. Written principle: All submitted procedures should be handled in written form; And signed or sealed by the applicant; The application documents must refer to the uniform format stipulated by the Patent Office.

(3) Principle of first application: If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.

(4) Priority principle: It means that the applicant can enjoy domestic priority if he files a patent application for the same subject with the Patent Office within 12 months from the date when the invention or utility model was first filed in China.

⑤ Principle of uniqueness: It is not allowed to put two different inventions or utility models in the same patent application, nor to put two designs of a product or designs of multiple products in one patent application. However, the following situations can be put forward in a patent application: a. a product and its manufacturing method; B. the product and the mold used to manufacture the product; C. The two products must be matched with each other before use; D several technically related products or a product have different embodiments under the general technical concept.

2. Documents that need to be submitted when applying for a patent (documents must refer to the unified form style stipulated by the Patent Office)

(1) Documents required to apply for a patent for invention: a request for a patent for invention; Description; Claim; Description summary; The drawings can be submitted at the same time as the drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.

2. Documents required to apply for a patent for utility model: a request for a patent for utility model; Description; Claim; Description summary; Attached drawings of instructions; Abstract attached drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.

(3) Documents required for applying for a patent for design: a request for a patent for design in duplicate; Design drawings or photos in duplicate; Where color protection is required, two drawings or photos in color and black and white shall be submitted; A brief description of the design in duplicate; Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.

The above documents must be printed (No.4, No.4 or No.5 in Song Dynasty or imitation Song Dynasty, and the handwriting must be black and clear; The paper is A4 printing paper or copy paper; Center position of the article: leave a margin of 2.5 cm on the top and bottom of the paper, and a margin of 1.5 cm on the left and right), and all of them adopt the table format specified by the Patent Office. Please click here for the form and sample patent application.

3. Writing of patent application documents

Request writing: fill in according to the contents and tips of the form.

B writing instructions: discuss the invention or utility model one by one according to its name, technical field, background technology, purpose of invention and creation, technical scheme, beneficial effects, further explanation with attached drawings and specific implementation methods.

C. Writing of claims: Independent claims and subordinate claims shall be divided according to the specification. Where there are multiple claims, they shall be numbered in Arabic numerals in turn. Generally speaking, the claim of 1 is an independent claim, and the rest are subordinate claims. If the technical features in the independent claim need to be further defined, it is a dependent claim. An independent claim is usually divided into a preamble part and a characteristic part. A. Preface, indicating the name of the subject to be protected and the necessary technical features suitable for the existing technology; In the feature part, "characterized by" or similar terms are used to indicate the unique technical features different from the prior art.. The preface part and the characteristic part together constitute the scope of the patent application.

The writing of dependent claims includes a quoting part and a defining part. A. Citation part: indicate the number of the cited claim and its subject name; B limited part: specify the additional technical features required to be protected.

D. draw the attached drawings of the instruction. The patent for utility model must have attached drawings; Invention patents generally have drawings, but if only words are enough to describe the technical scheme clearly and completely, there may be no drawings.

Attached drawings can take many forms: a. For inventions in the mechanical field, various views can be adopted to reflect the shape and structure of products. B. Inventions and creations in the field of electrical appliances can be circuit diagrams, block diagrams and schematic diagrams; C. For inventions in the chemical field, the chemical structural formula can be taken as the attached figure; For the method invention, the attached drawing may be a process flow chart showing each step of the method. Requirements for the attached drawings: a. The attached drawings shall conform to the national standards for mechanical drawing, that is, they shall be drawn in black ink with drawing tools (or computer drawing), and the lines shall be uniform and clear, and the drawings shall not be colored. There shall be no borders around the drawings, and pencil pens shall not be used for drawing, but the attached drawings need not be marked with scale and size data. B the size and clarity of the attached drawings shall ensure that when the drawings are reduced to 4×6 cm, all the details in the drawings can still be clearly distinguished and meet the requirements of photographic plate making; C multiple drawings of the same patent application can be drawn on the same piece of paper in a special format, numbered in Arabic numerals, and represented by "attached drawings ××××". (4) Where the same patent application has multiple pages of drawings, the page numbers shall be written in Arabic numerals continuously; E. The reference marks used in the same patent application must be consistent, and the marks not mentioned in the specification shall not appear in the drawings; F the appended drawings should have no other comments except necessary words.

E. Writing of the abstract of the specification: A. The abstract shall specify the technical field to which the invention or utility model belongs, the technical problems to be solved, the main technical features and uses. For a product applying for utility model, the characteristics of its shape, structure or combination shall be clearly stated. It should not be written as an advertisement or a simple product function introduction; B. the abstract can be written continuously without a title; C for inventions in the chemical field, the abstract may include an applied chemical formula that best describes the characteristics of the invention. The abstract can also include mathematical formulas or reaction formulas. D the abstract shall not be divided into sections, and the full text shall not exceed 200 words.

F drawing of abstract drawings: if there are drawings in the specification, a drawing that can best explain the technical features from the drawings in the specification shall be submitted as an abstract drawing, and the size and clarity of the drawing shall ensure that all the details in the drawing can be clearly distinguished when the drawing is reduced to 4×6 cm.

4. Writing of application documents for design patent

When applying for a patent for design, you must submit: a request for a patent for design; Design drawings or photos; If necessary, a brief description of the design shall also be submitted.

Design drawings or photos should be drawings or photos of different sides or states of each product. Generally, there should be six views (front view, bottom view, left view, right view, top view and back view), and if necessary, there should also be sectional views, cross-sectional views, service state reference drawings and three-dimensional views.

A. Design drawings or photos A. The size of the drawings shall not be less than 3× 8cm, nor greater than 145× 22cm, and the clarity of the drawings shall ensure that every detail in the drawings can still be clearly distinguished when the drawings are reduced to two thirds. B use black ink and drawing tools to draw, and the lines should be even and clear. Don't draw with pencil, round pen or pen. The lines should be uniform, clear and continuous, suitable for copying requirements. C. Generally, the graphics should be arranged vertically and drawn in proportion to the design size. When a horizontal layout is required, the top half of the drawing should face the left side of the drawing. D There is no center line, dimension line and shadow line in the drawing, and generally there is no dotted line or marked line. There shall be no words, trademarks, service marks, quality marks and portraits of modern people in the graphics. Artistic words can be regarded as patterns. E. it's best to draw several views on a sheet of paper. If it is impossible to draw, it can be multiple pictures, but the page numbers should be numbered in sequence. All directional maps and other kinds of maps should be drawn according to the projection relationship, and the name of the view should be indicated. F. Paper for drawing color pictures should be drawn with thick drawing paper, and then pasted on the document paper of "design drawings or photos" in standard format. G. the size of the photos should be the same as the requirements of the drawings. H photos shall not be folded and pasted on the document paper of "design drawings or photos" according to the view relationship, with at least 2.5cm left and top, and 1.5cm left and bottom.

B. Design brief introduction

Brief description is a brief description and supplement to design drawings or photos. There shall be no commercial propaganda language, nor shall it be used to explain the purpose and performance of the product. The brief explanation should be concise and easy to understand. In any of the following circumstances, it shall be briefly explained:

A. Omit the view: When designing the product to be symmetrical left and right, up and down, front and back, you can omit a view, but you should use language to explain it, such as "The left view and the right view are symmetrical (the same), and the right view is omitted". In addition, the product does not belong to the direction of the creative part, and the view can also be omitted, such as "the bottom of the product does not belong to the creative part, and the bottom view is omitted".

B. highlight the main creative parts. If the design is complicated, the existing design part and innovative part are not easy to be noticed, and the main ideas or design points can be stated to strengthen patent protection. For example, the design of the table lamp, its innovation only involves the lampshade, and other parts are all existing designs, which should be explained.

C. Supplementary contents that are difficult to express in the picture or photo: If the appearance or part of the appearance of the product is made of transparent materials, it is impossible to express "transparency" in the picture, you can draw a marking line on the transparent part of the picture or photo, and mark A and B. In the brief description, A and B are transparent parts.

D. When drawings or photos only show a part of the product: for longer products, such as profiles and I-beams, a length can be drawn, and the total length and aspect ratio of the product can be explained in a brief description. Some textiles, such as carpets, can be omitted, and only local patterns and lines need to be drawn, but their length, width and dimensions should be stated in the brief description.

E when the effect of the designed product is related to the special material manufactured, the material shall be indicated in the brief description.

F. For design products that need color protection, in addition to providing two sets of colors and two sets of black pictures or photos, the color that should be protected for the product should also be explained in a brief description.

G. For newly developed products, especially those not listed in the classification table of design, the use method and purpose of the products shall be clearly stated in the brief description, so as to clarify the protection category and the supplementary classification table of the Patent Office.

5. Slow down the application fee and other expenses.

When submitting the patent application documents, you can submit the "Request for Fee Reduction" together. The request for fee waiver shall state the reasons for the waiver. If an individual applies for reduction or exemption, the annual income should be written. If two people apply together, the annual income of each person should be stated. Indicate all kinds of expenses required to be deferred. There are five kinds of fees that can be reduced or exempted: application fee, examination fee, maintenance fee, reexamination fee and annual fee for the first three years after patent approval. At the same time, it can be proposed to slow down the above five expenses.

6. Submission of patent application documents

Patent application documents can be submitted directly to the Patent Office or registered by post office. Application documents are generally not allowed to be folded, and should be registered and mailed in an envelope that can hold A4 paper. But the best way is to send it by courier through the post office.

Address of Patent Office of China Intellectual Property Office:

No.6 Tucheng Road, Jimenqiao West, Haidian District, Beijing (100088)

Patent application documents shall be submitted or registered with the Patent Office of China through the post office.

Patent fees should be directly submitted or mailed to: Charge Management Office of China Patent Office.

7. Payment of various expenses

Various fees can be paid directly to the patent office on the spot within the specified time (if the application documents are submitted directly to the patent office, the application fee can be paid at that time); You can also pay by remittance through the post office within the specified time. If the application documents are submitted through the post office, the application fee shall be paid after receiving the Notice of Acceptance issued by the Patent Office (about one month later), and the payment period shall be within two months from the date of application. It must be pointed out that this time limit is never paid within two months from the date of issuing the "Notice of Winning Bid".

No annual fee is required for patent applications that have not been granted patent rights. Pay all kinds of fees, including annual fees, and go through the registration formalities within two months from the date of receiving the notice. It must be noted that the year mentioned must be the year specified in the notice (from the date of application), and sometimes it may not be the year of receipt of the notice, for example, the year mentioned in the notice is the year of application. At this point, the year you received the "notice" is 1999. So, after you pay the annual fee of 1998, don't forget to pay the annual fee of 1999 voluntarily (for example, the third year). If it is overdue, the patent office will inform you to pay it back and add a late fee.

If the number of claims (including independent claims and subsidiary claims) of a patent application exceeds ten, 30 yuan surcharge will be charged for each claim from the eleventh; If the number of pages (including attached pages) of the specification for a patent application exceeds 30 pages, 25 yuan will be added to each page from the 3rd1page, and 50 yuan will be added to each page from the 30th1page if it exceeds 300 pages.

Where an application for a patent for invention has not been granted a patent right within two years from the date of filing, it shall voluntarily pay the application maintenance fee every year from the third year. The maintenance fee for the first application shall be paid within the first month after the start of the third year and within one month before the expiration of the previous year in subsequent years.

When paying various fees through the post office, the name of the applicant, the patent number or patent application number, the name of the invention-creation, the name of the fee paid (all items must be listed) and various amounts (the application number is 9 Arabic numerals, and the decimal point need not be filled in) must be stated in the postscript column of the remittance slip. If there are omissions, misspellings or insufficient amount, it will be deemed that the payment procedures have not been handled.

8. Possible follow-up documents (must be in the format specified by the Patent Office)

A. The applicant for correction can take the initiative to correct the errors in the application documents, such as typos, punctuation marks, quotation marks, incorrect technical terms, wrong writing format of documents, and the applicant's signature or seal, within three months from the date of submitting the patent application documents (referring to utility models and designs). , but not beyond the scope of the technical scheme and examples in the specification.

An application for a patent for invention may, at the same time as the applicant requests substantive examination, take the initiative to make corrections to the application documents.

At the request of the examiners of the Patent Office, the places that do not meet the requirements will be corrected within the prescribed time limit. If they are still unqualified after three corrections, the Patent Office will reject the patent application.

For all forms of corrections, first fill in the correction book (typed draft) in duplicate and submit the replacement page of the correction document in duplicate.

B. Request for an early announcement For an application for a patent for invention, according to the provisions of Article 34 of the Patent Law, the applicant can make a request to make its application public as soon as possible (submit a declaration in duplicate) at any time, which can speed up the examination and approval procedures. After the publication of the application 18 months, the substantive examination can be started, but only after the applicant submits the request for substantive examination, the reference materials of the existing technology and pays the substantive examination fee.

C. Request for substantive examination of an application for a patent for invention. According to the provisions of Article 35 of the Patent Law, the applicant must submit a request for substantive examination (typed version) in duplicate within three years from the date of application, submit the comparison documents of the existing technology and pay the substantive examination fee. If the applicant fails to make a request for substantive examination without justifiable reasons, the application shall be deemed to have been withdrawn.

D. Statement of opinion When the Patent Office makes a decision to reject the patent application, the applicant has the right to state his different opinions, but he shall submit a statement of opinion (printed version) in duplicate with sufficient reasons.

E. Request for restoration of rights If the applicant fails to reply to the examiner's notice, make corrections and pay the application fee within the prescribed time limit due to sufficient reasons (such as hospitalization and irresistible natural disasters), so that the patent application is rejected, the applicant shall submit a request for restoration of rights (typed version) in duplicate, go through the relevant formalities, provide proof (such as hospitalization diagnosis) and pay the request fee for restoration of rights.

F. the patent office for reexamination request has a patent reexamination board. If the applicant for a patent refuses to accept the decision of the Patent Office to reject, cancel or maintain it, he may, within three months from the date of receiving the notice, request a reexamination to the Patent Reexamination Board, submit a reexamination request in duplicate and pay a reexamination fee. After re-examination, the Patent Reexamination Board will notify the requester of the result. If the applicant is still dissatisfied with the review result, he may bring a suit in a people's court within three months from the date of receiving the notice.

The applicant must apply to China National Intellectual Property Administration in writing after determining that his invention needs to apply for a patent. Submit the patent application documents in person or by registered mail. When applying for a patent for invention or utility model, the request for a patent for invention or utility model, the patent claim, the specification, the appended drawings of the specification (some invention patents can be omitted), the abstract of the specification and the appended drawings of the abstract (some invention patents can be omitted) shall be submitted in duplicate. All the above application documents must be printed as standard text, and the text and drawings should be black. To apply for a patent for design, the applicant shall submit a request for a patent for design, design pictures or photographs in duplicate, and a brief description of the design in duplicate if necessary. The date when China National Intellectual Property Administration Patent Office officially accepts the patent application is the date of patent application. The applicant may apply for a patent directly to the China National Intellectual Property Administration Patent Office or entrust a patent agency to apply for a patent.

China National Intellectual Property Administration Address: No.6 Xitucheng Road, Haidian District, Beijing (northeast corner of Jimen Bridge in North Third Ring Road) Postal code: 100088 Tel: 62093 1 14.