1. What are the characteristics of invention patents?
1. The protection period of invention patents is longer: the protection period is 20 years.
2. Invention patent applications require preliminary examination and substantive examination. Patent rights can be obtained only after passing the substantive examination.
3. The review time for invention patent applications is long and authorization is slow.
2. What are the characteristics of utility model patents?
1. The protection period of utility model patents is short: the protection period is 10 years.
2. Utility model patent applications only undergo preliminary examination and do not undergo substantive examination. If the applicant passes the preliminary examination, the patent right can be obtained.
3. Utility model patent application authorization time is fast. Generally, authorization can be obtained within 12 months, or even shorter.
How should companies apply for patents?
Enterprises can apply for invention patents and utility model patents at the same time.
Article 9 of the "Patent Law" stipulates that if the same applicant submits a utility model patent application and an invention patent application for the same invention and creation on the same day, the utility model patent right obtained first has not been terminated, and the applicant If the utility model patent right is declared to be abandoned, the invention patent right may be granted.
If the applicant submits a utility model patent application and an invention patent application for the same invention and creation on the same day, the applicant can obtain the utility model patent right in a shorter period of time, so that his invention and creation can be protected as soon as possible;< /p>
If the invention patent application for the invention can be granted an invention patent right after substantive examination, the applicant will have to make a choice at this time. If he gives up the previously obtained utility model patent right in order to obtain the invention patent right, then Applicants can obtain more stable patent rights and longer protection time.
How can an applicant change the type of patent application?
After everyone submits a patent application, there will be such a situation. That is, you find that the type of patent application you submitted does not match the type of patent you need. At this time, it involves how the applicant can change the patent application type. Zhishang Trademark will give you some advice. You can change the patent application type in the following ways:
1. The applicant can change the patent application type within 12 days from the application date. Within months and before the earlier application has been authorized, resubmit a new application with the application type required by the applicant.
If the earlier application type is an invention patent application or utility model patent application, within 12 months from the filing date and before the earlier application is authorized, resubmit an application type that is required by the applicant. A new application will enjoy the priority of the earlier application. The earlier application will be deemed to have been withdrawn. The earlier application will not affect the novelty of the later application;
2. The applicant can apply within 12 months from the filing date. and before the earlier application is authorized, submit an invention patent application or utility model patent application respectively on the same day.
The earlier application is an invention patent application or utility model patent application. If the applicant wants to submit an invention patent application or utility model patent application at the same time later, the applicant can do so within 12 months from the date of application and within 12 months from the date of application. Before the first application is authorized, you submit an invention patent application or a utility model patent application separately on the same day. Both applications enjoy the priority of the earlier application. The earlier application is deemed to have been withdrawn. Similarly, the earlier application does not affect the novelty of the later application. sex.