First, the relevant knowledge of invention patents
The time to apply for an invention patent is basically the same, because it takes at least 18 months because of the process. The application documents for a patent for invention shall include: the request for a patent for invention, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification (if applicable) in duplicate.
Second, the provisions of the invention patent
(1) Exclusive right to use: refers to the exclusive right of the patentee to manufacture, sell or use his patented product or patented method according to law;
(2) Import right: refers to the right of the patentee to prohibit others from importing patented products for commercial purposes without permission or authorization within the validity period of the patent right;
(3) Transfer right: refers to the right of the patentee to transfer the patent ownership he has obtained to others;
(4) Right of exploitation license: refers to the right of the patentee to license others to exploit his patent and collect royalties through the exploitation of a license contract;
(5) Waiver right: refers to the right of the patentee to give up his patent right at any time before the expiration of the protection period by a written statement or without paying the annual fee;
(6) Marking right: refers to the right of the patentee to mark the patent mark and patent number on the patented product or the packaging, container, instructions and product advertisements of the patented product.
(seven) the termination of the patent right can be divided into:
1. Expiration and termination: the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right shall be maintained for 10 years from the date of application, and shall be terminated according to law;
2. Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year.
(1) Those who miss the time for paying the annual fee can pay it within six months from the date of application, but they have to pay a late fee. If it is more than six months, you can go to China National Intellectual Property Administration to go through the formalities of right restoration within two months after receiving the notice of termination of the patent right, and pay the annual fee and restoration fee. If the above time is exceeded, the patent right will be terminated and cannot be restored, and the applicant can only make improvements and re-apply.
(2) The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the claim. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. After the invention patent or utility model patent is authorized, without the permission of the patentee, the patentee has the right to stop anyone from manufacturing, using, promising to sell, selling or importing patented products for production and business purposes, or using patented methods, or using, promising to sell, selling or importing products directly obtained by patented methods. After the design patent is authorized, the patentee has the right to stop anyone from manufacturing, selling or importing the patented product for production and business purposes without the permission of the patentee.
Legal basis:
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
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Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.