A patent is a type of intellectual property that is a legal right granted to an inventor or his assignee to enjoy exclusive rights to the invention for a certain period of time. The purpose of the patent system is to encourage innovation and to promote technological progress and social development by granting inventors the exclusive right to disclose their inventions for a certain period of time. So, how to apply for a patent and what is the scope of application?

1. The patent system

A patent refers to the exclusive right granted to an invention-creation within a specified period of time after submitting a patent application to the state examination and approval authority and passing the examination in accordance with the law.

Patent rights are exclusive and exclusive, and non-patentees must obtain the consent or permission of the patentee in accordance with the law if they want to use the patented technology of others.

 2. Conditions for applying for a patent

 A patent application needs to meet the conditions of novelty, inventiveness, and practicality.


Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department under the State Council before the filing date, and this has been recorded in the patent application documents or patent documents published after the filing date.


Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.


Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

In addition, the principle of good faith should be followed in applying for a patent and exercising patent rights. The patent right shall not be abused to harm the public interest or the legitimate rights and interests of others.

 3. Inventions and creations that can be patented

Invention patents

Product invention: refers to a new technical solution made for a product. A product invention can be a completely new product, or it can be an improvement or optimization of an existing product.


Process invention: refers to a new technical solution made for the production method or use method of the product. A method invention can be an entirely new method or an improvement or optimization of an existing method.

Utility model patents

The shape, structure or combination thereof: refers to the new technical solution made for the shape, structure or combination of the product. Utility model patents mainly protect the structural innovation of the product, but not the design of the product.

Design patents

The appearance design of a product refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. A design patent mainly protects the appearance features of a product, but does not deal with the function or structure of the product.

 4. Protection of patent rights

According to Article 11 of the Patent Law, after a patent right for invention or utility model is granted, except as otherwise provided in this Law, no entity or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented product, or use its patented process, or use, offer to sell, sell or import the product directly obtained in accordance with the patented process for the purpose of production or business.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer to sell, sell or import its design patent products for the purpose of production and business.