1. Types of patent applications
There are three kinds of patent applications: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
2. What application documents should be submitted to apply for a patent?
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate. ?
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted. ?
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate. ?
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
3. The department that accepts the patent application
When applying for a patent, the applicant shall submit or mail the application documents directly to the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office Reception Office), or to the patent agency established in China National Intellectual Property Administration. At present, China National Intellectual Property Administration patent agencies have been established in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin and Changchun. The national defense patent branch specializes in accepting national defense patent applications.
4. How to apply for a patent
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced or omitted by oral explanation or providing samples or models. In the patent examination and approval procedure, only written documents have legal effect. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If supporting documents or attachments are required, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
5. When submitting an application, how are the application documents arranged?
The application documents for a patent for invention or utility model shall be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered in Arabic numerals.
6. What are the paper requirements for the application documents?
The paper quality of application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper.
The paper of application documents should be used vertically, with only one side. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the reception desk of the Patent Office, patent agencies all over the country, or directly downloaded from the website of China National Intellectual Property Administration.
7. What are the writing methods and writing requirements of the application documents?
All parts of the application documents shall be in Chinese. If there is no uniform Chinese translation of foreign place names, place names and scientific and technological terms, they shall be marked in English or the original text. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents, including the request, should be typed or printed in Song Dynasty, Imitation Song Dynasty or italics, and the handwriting should be black, with the word height between 3.5 and 4.5 mm and the line spacing between 2.5 and 3.5 mm. If two documents are required to be submitted, one is the original and the other is the copy. If there are drawings in the application documents, they shall be drawn with ink, drawing tools or drawing software, and the lines shall be uniform and clear, and shall not be altered.
8. Uniqueness requirements of patent application content
An application for a new patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
9. Fill in and write the application documents?
There are specific requirements for the filling and writing of the application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing the application documents and the legal rigor of the examination and approval procedures, it is worth promoting for applicants with little experience. ?
10. Acceptance of patent applications
After receiving a patent application, the patent office or patent agency shall determine the application date, give the application number and issue a notice of acceptance to the application that meets the acceptance conditions. The application documents submitted by the applicant to the Patent Office or the patent agency shall be examined at that time to see whether the application meets the acceptance conditions. If it meets the acceptance conditions, it shall go through the acceptance procedures on the spot.
Personally, it is almost impossible to successfully apply for a marketing model, especially in China, where intellectual property protection is still relatively backward.
You can't apply for going abroad when you are abroad. And just an idea does not constitute a patent, or there is no actual data to prove it.
Let's just say that if we apply for a patent every time we think of an idea without obtaining data through market or simulation, the threshold of the patent office will be broken.