In our country, patents follow the first-to-file principle, and the patent right is awarded to the applicant who proposes the same solution first. The steps for applying for a patent include: first, prepare application documents, utility model and The invention includes a request, description, claims, description drawings, and instructions. Design patents must have a request, pictures or photos, and a brief description. The second step is to submit materials. You can choose two ways to submit materials,
1. Go directly to the lobby of the Patent Office or the local patent agency window to submit.
2. Submit it by mail. Then, the National Patent Office issues an acceptance notice. Issuance means that the patent application has officially entered the approval process. The fourth step is to pay the application fee. In addition to paying the fee directly to the Patent Office Charge Office or the Patent Office Agency, you can also pay the application fee through bank or post office remittance. Note that you must pay the application fee after receiving The fee must be paid within 15 working days from the date of acceptance of the notice. After that, the Patent Office will review the application and first conduct a preliminary review. For patent applications other than inventions, as long as the preliminary review passes, the patent can be granted. Unqualified modifications will be resubmitted. Finally, after review and approval by the State Intellectual Property Office, the patent right can be granted.
Legal basis: Article 26 of the "Patent Law of the People's Republic of China" If you apply for an invention or utility model patent, Documents such as a request, a description and its abstract, and claims should be submitted. The request should state the name of the invention or utility model, the name of the inventor, the name or name and address of the applicant, and other matters. The description should describe the invention or utility model. A clear and complete description of a utility model shall be subject to the ability of technicians in the technical field to implement it; when necessary, there should be drawings. The abstract should briefly describe the technical points of the invention or utility model.
You What does the brand mean?
1. If it is a product developed by yourself, then this product can apply for a patent. Technical products can apply for invention or utility model patents. Product appearance or packaging can apply for design patents. .
2. If the brand you are talking about is for the convenience of publicity, such as Deluxe milk, then you can apply for a trademark to protect the product. After the application is successful, others cannot use your trademark on products in this industry.
Whether it is a patent or a trademark, you can apply by yourself or entrust an agent to apply. If you do not know much about this aspect, it is recommended to entrust an agent. On the one hand, you can get better protection, and on the other hand, you can also apply for it through an agent. It can save a lot of time.
After the brand is registered, it is a disguised patent, but the brand cannot apply for a patent.
Steps to apply for a patent
Apply for an invention For patents, the application documents shall include: invention patent request, abstract, summary drawings (when applicable), description, claims, description drawings (when applicable), each in duplicate.
Involved For an invention patent application for an amino acid or nucleotide sequence, the description should include the sequence list. The sequence list should be submitted as a separate part of the description, and the page numbers should be written consecutively with the description. At the same time, records that comply with the provisions of the State Intellectual Property Office should also be submitted. A CD or floppy disk with the sequence listing.
When applying for a utility model patent, the application documents should include: utility model patent request, abstract, abstract drawings (when applicable), description, claims, description Attached drawings, each in duplicate.
When applying for a design patent, the application documents should include: a design patent request, pictures or photos (if color protection is required, color pictures or photos should be submitted) and A brief description of the design, each in duplicate. If pictures are submitted, both copies should be pictures. If photos are submitted, both copies should be photos. Pictures or photos must not be mixed.
Before application Search the United States Patent and Trademark Office online patent search | Japan Patent Office online patent search (English version)
European Patent Office online patent search | World Intellectual Property Organization online patent search
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If the application documents are to be applied for an invention patent, the application documents should include: invention patent request, description (if the description has drawings, the description and drawings should be submitted), claims , abstract (abstract and figures should be attached if necessary), each in duplicate...