What are the procedures for applying for a patent for utility model?
1. Specific steps: 1. Before searching the patent application, it is best to search and 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. 2. The benefits of patent retrieval A careful understanding of what belongs to the existing technology will help the applicant to judge whether to apply for a patent and write a patent application document. The "background technology" part of the specification should be written with the closest existing technology. For utility model patents, it is usually necessary to provide background drawings, so that examiners and the public can clearly understand the substantial improvements and advantages of the invention. 3. Patent application documents Invention and utility model: 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. 4. 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. 5. Patent Examination The patent application will be notified and accepted after being submitted to the National Information Bureau, and will be examined after paying the full fee. Patent examination is divided into preliminary examination and substantive examination, the latter is only for invention patents. The patent examination process generally lasts 1-3 years, depending on the patent type and invention content. The utility model and design patents are authorized after preliminary examination, while the invention patents that pass the preliminary examination will issue a preliminary examination notice, waiting for substantive examination. When the patent application is under examination, the applicant has no right to prevent others from infringing on his rights. However, after the publication of the invention patent (usually 18 months from the date of patent application), the applicant may ask the infringer to stop the infringement and pay the appropriate royalties, or the infringer may refuse. After the patent is granted, the applicant may pursue the tort liability from the infringer through judicial procedures and demand compensation. 6. Substantive examination of invention patent The substantive examination of invention is conducted in the actual examination department of the Patent Office. Examiners evaluate the novelty, creativity and practicality of patent applications by searching domestic and foreign patent documents and public publications, and also examine whether the writing of patent documents meets the requirements, such as whether it is single, fully open and out of scope. The substantive examination must be carried out after the invention is published. According to the law, the publication is carried out within 18 months from the date of filing. Some applicants are willing to disclose their inventions in advance, so there will be patent applications published within 6- 10 months. Usually, the examiner in the actual trial stage will send at least one notice of examination opinions to the applicant or his agent, and the examination opinions can reflect the possibility of the invention being authorized and the existing defects. Review opinions generally include format errors, novelty problems, creativity problems, full openness problems, oneness problems and so on. The time for examination of patent substance is uncertain, generally 6- 18 months, which depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for documents to travel back and forth between the examiner and the applicant or his agent. The fee for examining the substance of the invention patent is 2500 yuan/piece. 2. What can I apply for a patent 1? Invention refers to a new technical scheme proposed for a product, method or its improvement. The invention can be tangible products, such as medical instruments and electronic components; It can also be intangible products, such as drug formula, gene sequence and compound structural formula; It also includes various methods, such as detection, preparation and planting; Can also be used, mainly refers to the new indications of drugs. 2. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The utility model only protects products, which must be tangible products with a certain shape and structure, such as composite layered materials, machinery, household appliances, etc. 3. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. Appearance design can be seen in any industrial products, such as food, medicine, computer, mobile phone, TV, sports equipment, bathroom equipment, jewelry, watches, clothing, shoes and hats, etc.