Patent application is a prerequisite for obtaining patent rights. Issues that should be paid attention to when applying for an invention patent are:
(1) When applying for an invention or utility model patent, a request, description, abstract, claims and other documents must be submitted. The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.
(2) The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings.
(3) The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. When applying for a design patent, a request and documents such as pictures or photos of the design should be submitted, and the products using the design and the categories to which they belong should be specified.
(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application. Within twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of first filing a patent application for a design in a foreign country, the applicant shall file another patent application for the same subject matter in China. If a patent application is filed, the foreign country may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.
(5) If the applicant files another patent application for the same subject with the Patent Office within twelve months from the date of first filing a patent application for an invention or utility model in China, the applicant may enjoy priority. . If the applicant claims priority, he shall make a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, the applicant shall be deemed to have No priority claimed.
(6) An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design used in one product. Two or more designs for products of the same category that are sold or used in sets can be submitted as one application. An applicant may withdraw its patent application at any time before patent rights are granted. Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and modifications to design patent application documents shall not exceed the original pictures or photographs. range.
(7) An invention patent refers to a patent granted for a brand-new solution to an existing technical problem arising from creative activities. Inventors can apply for patents for their inventions from the patent authorities in accordance with the law. Therefore, it is necessary to fill out an invention patent application form. Issues that should be paid attention to when filling out an invention patent application include: To apply for an invention patent, you must submit the invention patent request, specification, claims, summary of the specification and other documents. The application documents must be made in duplicate. Photocopies are allowed, but the applicant or agency must sign The seal cannot be copied; the application form must be filled out in Chinese. If there is no unified Chinese translation of the foreigner's name and place, the original text should be indicated: If this form cannot be filled in, you can attach a separate white paper to fill in, but it must be the same size and quality as this form. , when continuing, the column number should be indicated; other matters needing attention should be handled in accordance with the requirements of the Patent Office.