How to apply for a patent

Legal analysis: 1. Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are authorized to be announced only after preliminary examination. (1) A patent for invention shall submit a request, specification, abstract of specification and claim, and the specification shall be attached when necessary. (2) The patent for utility model shall submit the request, the patent claim, the specification, the appended drawings of the specification, the abstract of the specification and the appended drawings of the abstract. (3) A patent for design shall submit a request, a design picture or a photograph. The patent for utility model and design takes about 8- 12 months. After the formal examination and approval, the authorization notice will be issued and the license will be obtained. After paying the license fee, you can get the patent certificate in about 2-3 months. The specific time depends on the speed of the examiner's examination, the degree of detail of the applicant's public information and the provision of drawings. 2. Preparations that applicants need to make before applying: (1) You need to know the relevant laws and regulations in detail and be familiar with various application processes. (2) Understand the existing level in the technical field, search domestic and foreign patents, and analyze the feasibility of your invention. (3) do a good job of confidentiality.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where there is a contract agreement with the inventor or designer for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.

Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.