How to write a patent application
(1) of the existing products, innovation, add new functional components, can apply for a patent? A: whether you can apply for a patent actually depends on your innovation of existing products, add new functional components to form your new technology products can meet the three characteristics of the patent, namely? Novelty, creativity, practicality, whether your technical solutions are not available at home and abroad, as well as your technical solutions with existing products have significant technological advances, of course, practicality emphasizes that your technical solutions formed by the product can be applied, with practicality. (Please refer to Chapter 2 of the Patent Law for the explanation of the three characteristics of patents) If the technical solution meets the requirements of novelty, inventiveness and utility, then it can be applied for a patent. If the technical solution meets the criteria of novelty, inventiveness and utility, then it is patentable, and the patent examiners of the State Intellectual Property Office also refer to the criteria of novelty, inventiveness and utility when examining each patent application. This standard, so meet the novelty, inventiveness, utility can be authorized. In addition, if it is known that a patent application does not meet the three criteria of novelty, inventiveness and utility, it can still be applied for a patent. , the same can also apply for a patent, but often will be rejected by the National Bureau. Therefore, it is your own freedom to apply for a patent, you can apply for it, but whether it is granted or not is the matter of the state, which examines patent cases according to novelty, inventiveness and utility. (2) If there is only theoretical, but no physical samples, your theoretical ideas or creative ideas, can you apply for a patent? Or a word, is it possible to apply for a patent, apply for a patent is our freedom.? But to get a patent certificate is required to be examined by the state.? The state stipulates that a patent does not necessarily require the inventor or designer to make the product, the theory can also be patented, and the patent can also be granted. But the theoretical things must be fully elaborated, and according to the theory is able to achieve the effect, that is, can be implemented through the theory, can achieve the expected purpose.? And the theoretical technical program also has the patent novelty, creativity, practicality, then will certainly be granted a patent. Friendly reminder:? If you want to ensure that you get a patent certificate, it is recommended that in the event that you are not sure, choose to apply for a utility model patent, because utility model patents tend to be simple to review, there is only a preliminary examination, the examination is qualified, the patent can be granted. Compared to the invention patent is not so easy, need to go through a preliminary examination, substantive review, substantive review is strictly in accordance with the patent novelty, creativity, utility review, often difficult to pass. In comparison, the invention is strictly examined by the state, if the invention patent is granted, then it is like the gold medal of the Olympic Games; and the utility model is only a preliminary examination because the state, then the authorization is easier, which is equivalent to the silver medal. Patent application for invention or utility model must comply with the laws and regulations, for the product is a violation of laws and regulations, jeopardize national security and public **** interests of the same can not be granted patents. (See Chapter 1 of the Patent Law)? Of course, there is another type of patent is the design, technical can not apply for, because the design protection is the appearance of the product as well as the color, pattern with and so on. In conclusion, you can apply for a patent, but the approval depends on whether the patent is in line with the patent's novelty, inventiveness, utility, and whether the patent violates the laws and regulations, jeopardizing national security and public **** interests. I wish the owner good luck.