1. Application for a patent for design (6 months to 8 months) To apply for a patent for design, you need to prepare the six-sided appearance view of the product, fill in the application for a patent for design together with a brief description of the design, and submit the application documents to China National Intellectual Property Administration.
2. Patent of utility model (65,438+October-65,438+0) Both utility model patents and invention patents need to be submitted to the Patent Office together with written patent application documents such as the request, the patent claim and the specification.
3. Invention patent (2 -3 years) The authorization period of an application for a patent for invention is generally about 3-5 years. There is no clear statutory time limit for the examination and approval of invention patents, and it generally needs to go through such a process:
1. The documents to be submitted when applying for a patent for invention and utility model include the request, the claim, the specification, the appended drawings of the specification, the abstract of the specification and other documents. The documents to be submitted when applying for a patent for design include a request, pictures or photographs, a brief description and other relevant documents. ?
2. After receiving the patent application documents, China National Intellectual Property Administration Patent Office will issue a notice of acceptance, determine the date of patent application and give the patent application number. For the lack of necessary application documents or other violations of legal provisions, it will not be accepted.
3. After receiving the application documents, the preliminary examination patent office shall first conduct a formal examination of the application documents and pay the fees. If the preliminary examination fails, the applicant shall make corrections or statements in accordance with the notice; If it still does not meet the requirements, it shall be rejected. If the application for a patent for utility model or design has passed the preliminary examination and no reason for rejection is found, it will directly enter the authorization procedure for authorization.
4. Publication (unique to the application for a patent for invention) If the application for a patent for invention has passed the preliminary examination, it will enter this stage. If the Patent Office considers that it meets the requirements of the Patent Law after preliminary examination, it shall publish it in the bulletin of invention patent within 18 months from the date of application. The Patent Office may also publish its application at an early date upon the request of the applicant. ?
5. Substantive examination (unique to an application for a patent for invention) Within 3 years from the date of application, the Patent Office may, at the request of the applicant at any time, conduct a substantive examination of its application. If the applicant fails to make a request within this time limit, his application will be deemed to have been withdrawn. However, if the request cannot be made in time due to force majeure or other legitimate reasons, a certificate may be issued before the request is made. When the Patent Office deems it necessary, it may also conduct substantive examination of the application for a patent for invention on its own.
Patent system is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy. Paragraph 2 of Article 9 of the Patent Law stipulates that "where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant", which is the principle of "filing first". Therefore, all inventions with patent conditions should apply for patents as soon as possible in order to obtain legal protection from the state.
To apply for a patent, the necessary application documents must be submitted to China National Intellectual Property Administration in accordance with the regulations. To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted. Patent application documents can be written by the applicant himself or by a patent agent.
References:
Baidu Encyclopedia-Patent Application