1. An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Inventions that can be patented can be products, methods, processes, formulas, etc. For the invention patent application, China implements the substantive examination system, which takes a long time, generally taking 2-4 years. Once authorized, the protection period is 20 years.
2. Patent for utility model: refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The application for a patent for utility model must be a product with a certain spatial structure or circuit structure, and the method, process and formula cannot be applied for a patent for utility model; For the application for a patent for utility model, China implements a formal examination system without substantive examination. The review period is generally about one year, and once authorized, the protection period is 10 year.
3. Design patent: a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. The new design can be a graphic design of lines, patterns or colors, or a three-dimensional modeling of the product. The design does not protect some functions of the internal structure of the product. China implements a formal examination system for design patents, and does not conduct substantive examination. The general review period is 6-8 months, and once authorized, the protection period is 10 year.
Materials needed to apply for a patent in China.
1. Power of Attorney for Patent Agency (attached: Power of Attorney for Patent Agency-1) requiring the signature and seal of the applicant.
2. The name of the patent application, the name and address of the applicant, the name of the inventor, the detailed contact person and the contact address shall be specified in the agreement with this firm; Where priority is claimed, the application number and priority date of the country/region where the first application was made shall be indicated, and the priority text shall be provided (Annex: Patent Application Agency Agreement -2).
3. Technical information required to apply for a patent:
Patent application documents require that the detailed technical scheme of the patent application be disclosed to the extent that technicians in this field can implement it according to the instructions, otherwise it will be rejected by the Patent Office because of "insufficient disclosure". Therefore, the applicant should provide sufficient information and actively cooperate with the patent agent to write documents. The following are the materials required for several common types of patent applications:
Attachment: Technical Data Required for Patent Application of Mechanical and Electrical Products -3
Technical data to be provided for patent application of chemical products and production processes and methods of chemical products -4
Technical information to be provided for drug patent application -5
Materials to be provided for patent application of Formula 6
Materials to be provided in an application for a patent for design -7
Note: Patent application documents are rigorous legal and technical documents, which should include fully disclosed technical contents and clearly defined protection scope. Therefore, on the one hand, the applicant should provide sufficient technical information, on the other hand, he should fully communicate with the patent agent to explain the main points that need protection, and cooperate with the agent to write the patent application documents with qualified form and appropriate legal protection scope, so as to obtain not only the patent right, but also the patent right with appropriate protection scope.