Preparation of Patent What preparations should be done before applying for a patent? 1. Determine the type of patent to be applied for. Chinese patents are originally divided into three categories: inventions, utility models, and designs. "Integrated circuit layout design" was added from October 1, 2001. The general principle is: apply for a design patent for a new aesthetically pleasing design based on the shape, pattern, color, or combination of the product; apply for a utility model patent for a new technical solution proposed for the shape, structure, or combination of the product, and small improvements. , apply for invention patents for major innovations, while new technology solutions involving methods, ingredients, and systems can only apply for invention patents. The scope of integrated circuit layout design is clear and no explanation is needed. For details, please refer to the relevant webpage of the State Intellectual Property Office. There are two categories that cannot be patented: one is scientific discoveries, rules and methods of intellectual activities (including disease diagnosis and treatment), animal and plant varieties, and the other is innovations in illegal crimes. The former is to promote the benefit of mankind (such as the laws of physics), and the latter is to limit the damage to society (you can't make bad people smarter). For new artificially cultivated plant varieties, the State Forestry Administration also has relevant protection measures. 2. Determine whether a patent agent is needed. From a personal point of view, try not to use a patent agent as much as possible to save costs. However, patent agencies have their advantages: they can query a wide range of information related to the patent to be applied for, have in-depth understanding of certain aspects, and save the applicant's time (especially the time for the next step of novelty checking). For relevant knowledge about patent agency, please refer to the relevant web pages of the State Intellectual Property Office. If you want to apply for a patent abroad, you must go through a patent agency with corresponding qualifications. 3. Search for information related to the patent to be applied for. This step is generally called a novelty check, that is, to check whether the patent to be applied for is new. In today's information society, what you think is new may have been available to others for a long time; if you don't check the information related to the patent you want to apply for, your patent application may be in vain. You must know that Chinese patents are based on first to apply and first to publish. For applicants outside the field, they should first search for professional books and journals related to the patent to be applied for, and then search for the patent; for applicants in this field, just search for the patent directly. If you are not applying for an invention patent, just search for Chinese patents. You can learn more about patent documents from the relevant webpages of the State Intellectual Property Office. Nowadays, inquiries can be made via the Internet. The State Intellectual Property Office is the first choice for searching Chinese patents and can search all published patent documents. You can still conduct a preliminary search through the website, but you need to pay for the detailed content; the following patent search websites are recommended (it is free if you need to register): China Intellectual Property Network, China Patent Information Network, Global Patent Information Network; in addition, Yixin ( Beijing Economic Information Network), the Chinese patent search system once provided services, but problems have already occurred. To search for Chinese patents, you can refer to the IPC (International Patent Classification). Being familiar with it is useful for checking any patent. 4. As an individual or an entrusted development unit, you must determine whether it is a service invention. As an individual, if the patent you want to apply for belongs to the same field (or is closely related) to your work, you must obtain a written certificate from the unit before you can apply for an individual patent. . Otherwise, it would be okay if the patent is not successful, but if it is successful, it is likely to cause ownership disputes. Similarly, as an entrusted development unit, the ownership of the patent must be determined in a contract with the entrusting unit from the beginning. Unless you don't intend to claim the patent, there will definitely be disputes. Patent Applicant You may apply for a patent through an agent, but the patent application documents must be reviewed! 1. Written application Except for a few places in the patent application document that require signature, most of them need to be printed. The WORD version of the complete set of patent application documents is now available on the website of the State Intellectual Property Office and is continuously updated. We can download it freely, which is extremely convenient. You can directly deal with the State Intellectual Property Office to purchase forms, submit patent application documents, and pay fees, or you can go to the local State Intellectual Property Office agency to handle these procedures.
However, the State Intellectual Property Office’s agencies are only available at the provincial, autonomous region, and municipality levels, and not every province has them. The State Intellectual Property Office’s agencies are led by the State Intellectual Property Office in business and by the local intellectual property management department in administration. Therefore, Call the local intellectual property management department to find out if there is an agency of the State Intellectual Property Office in your province, autonomous region, or municipality. The advantage of an agency is that you can submit documents in person and get a patent application number immediately without waiting for a long email exchange, and the cost may be lower (save mailing fees); however, the job responsibility of the agency is to accept patent applications and approve fee reduction requests. , collect patent application fees, collect patent annual fees (including registration fees and stamp duties) and annual fee late fees (excluding patent application fees, patent annual fees and annual fee late fees, other patent fees and foreign-related patent fees, but the application Except for those who pay the application fee at the time of application), foreign-related applications (patent applications for non-Chinese nationalities and legal person patent applications from Hong Kong, Macao and Taiwan), PCT applications, divisional applications, domestic priority applications and acceptance will not be accepted Intermediate documents (such as supplements). Regarding the writing of patent application documents, in fact, the form documents of the patent application are filled in according to the requirements, and the technical documents of the patent application are an eight-legged essay, which can be written in order. Although it is not in line with the innovative character of the inventor, it is not difficult. of. List of Patent Application Documents Patent Type Invention, Utility Model Design Annotation Request Form in Duplicate Description Description in Duplicate/ Abstract of Description in Duplicate/ Claims in Duplicate/ Description and Drawings in Duplicate/ Practical as needed The new model must have two copies of the abstract and drawings/a brief description along with the instructions and drawings/two copies of pictures or photos/when the two copies involve color, one copy of the preservation certificate should be in color and black and white/if the two copies involve microorganisms, the preservation certificate should be designated Unit: (Beijing) General Microbiology Center of China Microbial Culture Collection Management Committee (Wuhan) China Type Culture Collection Center Non-employment invention and creation certificate One copy of personal patent and work-related mitigation fee request form One copy according to the applicant A copy of the proof of mitigation costs needs to be present at the same time as the request for mitigation costs. 2. Electronic application Now, you can also directly apply for a patent through the Internet, which can avoid the disadvantage of not having a local patent office agency. The electronic application website of the State Intellectual Property Office of the People's Republic of China is: /. The electronic application for a patent requires you to register first and install special client software on your computer. The format of the application documents is also different from that of general written applications. After you submit the patent application documents, the State Intellectual Property Office will review and approve it according to the patent approval procedures. The detailed information of this image is being read, please wait... In addition, the "Patent Examination Guide" is a specific system for examining and approving patents. Its content can be found in the essence area of ??this page, which is very useful for understanding patent approval
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