1, search before patent application:
This is not a necessary condition, but before applying for a patent, it is best to search to determine which inventions belong to the "prior art". If the content of the application has been recorded in the retrieved patent documents or other public publications, it may affect the authorization prospect of the application. In addition, even if there is no literature, the patent application will be rejected if others can determine that it is common knowledge in this field.
You can log on to the website of China National Intellectual Property Administration for patent search to find out whether the technology you intend to apply for has obtained patent authorization (the search scope may not be comprehensive due to the time when you enter the system), or you can entrust relevant patent agencies to search by professionals.
2. Submit patent application documents
Inventions and utility models: request, specification and its abstract, patent claim; Inventions can have drawings as required, and utility models must have drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Where nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence table shall be submitted.
Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc.
3. Patent examination
Patent applications will be notified to be accepted after being submitted to China National Intellectual Property Administration, and will be examined after paying all the fees. Patent examination is divided into preliminary examination and substantive examination, the latter is only for invention patents.
The examination procedure and cycle of invention patents are different from those of utility models and designs. Invention patents should go through the stages of acceptance, preliminary examination, early publicity, substantive examination and authorization announcement. Utility models and designs only go through three stages: acceptance, preliminary examination and authorization announcement. Therefore, the approval period of invention patents generally takes 3-5 years, and the approval period of utility models and designs generally takes half a year to 1 year. & gt
How to apply for a trademark patent?
Ways of applying for trademark patent:
1. The applicant applies to the patent administration department of the State Council according to law;
2. After receiving the application, the patent administrative department in the State Council shall conduct a preliminary examination (for a period of eighteen months), and if it meets the application requirements, it shall be published;
3, an application for a patent for invention within three years from the date of application, after substantive examination, issued a patent certificate.
Legal basis: Article 26 of the Profit Law, when applying for a patent for invention or utility model, documents such as the request, specification and its abstract, patent claim shall be submitted.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.