Technical scheme, you can apply for a patent for invention; New and practical shape, structure or combination of products
Technical scheme, you can apply for a patent for utility model; In view of the shape, pattern or combination of products, as well as colors and shapes, drawings
A new design with aesthetic feeling and suitable for industrial application can apply for a patent for design.
To apply for a patent for invention and utility model, the application documents include: patent request, specification, drawings of specification and claims.
The request, abstract and attached drawings are in duplicate.
Write patent application documents
The applicant will generally hire a licensed patent agent to help with the patent application, and the patent application will generally be submitted by the applicant after the signing of the entrustment agreement between the two parties.
For patent disclosure materials, the agent writes documents according to the contents of the disclosure materials. Patent application documents include specification and claims.
Claims, appended drawings of the specification, abstract of the specification, etc. In which the claim is a legal document to determine the scope of patent protection,
Other documents disclose the invention in detail and provide literal and substantial support for the protection scope of the claims.
Pre-patent application retrieval
Before applying for a patent, it is best to search to determine which inventions belong to the "prior art". If the content to be applied
It has been recorded in the retrieved patent documents or other public publications, which may affect the authorization prospect of the application. In addition,
Even if there is no literature, the patent application will be rejected if others can determine that this is common knowledge in this field.
Writing of patent application documents
Inventions and utility models: request, specification and its abstract, patent claim; The invention can be attached with drawings as required, which is practical and novel.
Class a must have attached drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Involving nucleic acids or
For amino acid sequences, the machine-readable text of the sequence table shall be submitted.
Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Ask for protective color
Color, submit color pictures or photos; If necessary, write a brief description of the design; The brief description should point out the design.
Key points, omitted views, colors to be protected, etc.
Submit patent application documents to the Patent Office.
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections and puts forward opinions during the examination.
Statement, defense, change, etc. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Patent office review conclusion
The Chinese Patent Office will authorize or reject the examination conclusion according to the examination situation, and the time of this process is generally: design.
About 6 months, the utility model is about 6-8 months, and the invention patent 1 year and a half to 2 years. (Since the date of application.
After a certain period of time) to be published and given temporary protection; After a certain number of years (3 years in China), the applicant announced that
Request the Patent Office to conduct substantive examination; Failing to submit the application within the time limit shall be deemed as withdrawal of the application. )
Request for patent registration or reexamination: if the patent application is authorized, it shall be handled in accordance with the requirements of the patent authorization notice.
Go through the registration formalities and get a patent certificate. If the patent application is rejected, it will be decided whether to file the case according to the specific circumstances.
Make a request for review. At this point, the patent application process is over.
Appearance patent is the simplest, you can get the certificate in 4-5 months, and the personal application fee is about 700. Company application fee 1 100.
Left and right; It takes about 8 months to obtain a practical patent, and the individual application is about 1300, and the company is about 2200. patent of invention
Few people do it, about 4000, the longest time, 2-3 years, it is difficult to pass. Every year from the second year after getting the certificate.
There will be an annual fee, and you can consult a patent agency. The above fees include all agency fees, application fees, taxes,
Printing fee and annual fee for the first year, etc.