1. Before applying for a patent, the applicant should search to find out whether there is the same invention or design before and determine whether to apply for a patent. The applicant shall be responsible for the novelty, creativity and practicality of his invention and creation.
2. consider what kind of patent to apply for.
There are three kinds of patents in China: invention, utility model and design. Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement; The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for the shape, structure or combination of products; The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern or combination of shape, pattern and color of a product.
Invention and utility model protect new technical schemes, but there are differences between them: first, the scope of protection of utility model patent is narrower than that of invention patent, which protects all new products and new methods, while utility model patent only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape; Second, the technical requirements of utility model patents are lower than those of invention patents. Compared with invention patents, utility model patents protect "small inventions", which are inventions with low technical level and less difficulty, and their practicality is more prominent; Third, the protection period is different. The term of protection of invention patents is 20 years, and that of utility model patents is 10 years, counting from the date of application. Fourth, the examination procedures are different. Invention patents can only be authorized after two stages: preliminary examination and substantive examination, which takes a long time and costs a lot, but the legal status after authorization is relatively stable. The utility model patent has no substantive examination, short examination and approval procedures and low fees, but its legal status after authorization is relatively unstable.
Different from invention and utility model patents, design patents focus on the shape, pattern or combination of shape, pattern and color of products, which is an external form that products are directly accepted by consumers. The design patent does not undergo substantive examination, and the examination and approval procedure is short and the cost is low. The protection period is 10 year from the date of application.
3. Confidentiality of inventions and creations
The invention and utility model required by the Patent Law to be granted a patent right should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. Existing technology refers to the technology known to the public at home and abroad before the filing date.
Second, the principal-agent
1. Sign the power of attorney and pay the fees as required.
If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. If applying in the name of a company, the power of attorney shall be stamped with the official seal; if applying in the name of an individual, the power of attorney shall be signed.
2. Provide a list of inventors or designers (unlimited).
3. To apply for a patent for invention or utility model, a technical disclosure shall be provided to the patent agent. According to the provisions of the Patent Law, the contents of the invention-creation for which a patent is applied shall be written in a complete and detailed specification, and the adequacy of its disclosure shall be subject to the realization of the technical personnel in the technical field according to the specification.
The applicant shall provide the following information:
(1) name;
(2) technical field;
(3) To the best of the applicant's knowledge, state his understanding of the invention or utility model, search and review useful background technologies, and quote documents reflecting these background technologies;
(4) the purpose of the invention or utility model;
(5) stating the technical scheme of the invention or utility model for protection, so that the technical personnel in the technical field can understand it and realize the purpose of the invention or utility model;
(6) The beneficial effects of the invention or utility model compared with the background technology;
(7) Provide attached drawings;
(8) Describe in detail the best way for the applicant to realize the invention or utility model with reference to the attached drawings (multiple examples can be cited).
To apply for a patent for design, it is necessary to provide pictures or photographs that meet the requirements and make necessary explanations. Size requirements of pictures or photos: two sets of orthographic six-sided views are required, and one set of six-sided color pictures or photos is required for color protection at the same time. The size is not less than 3 * 8cm and not more than 15 * 22cm. It is recommended to attach pictures when submitting the application.
If there are no pictures or photos, you can provide samples, and the agency will contact you to draw or take photos, and the fee will be charged according to the facts.
Third, apply.
1. Prepare the application documents and submit the application.
After preparing the above technical disclosure, the applicant can communicate with the patent agent designated by the agency, so that the agent can fully understand the technical scheme of the invention. On the basis of digesting the technical content, the agent writes the patent application documents according to the requirements of the patent law, and at the same time determines the protection scope of the claim for the applicant. After the prepared application documents are confirmed by the applicant, the applicant shall submit a patent application to the China Patent Office, obtain the application date and application number, and forward the Notice of Acceptance issued by the Patent Office to the applicant in time.
2. Respond to the audit opinion
After the patent application is submitted and accepted, the Chinese Patent Office will examine the application according to the patent law. For utility model and design patents, only preliminary examination is conducted; For the invention patent, after passing the preliminary examination, it shall be published within 18 months from the date of application (the applicant may also request to publish it in advance). Within three years from the date of application, the applicant needs to make a request for substantive examination, and the Patent Office will conduct substantive examination of the application according to the applicant's request. In the process of patent examination, it happens from time to time that the examiner issues an examination opinion asking for correction or asking the applicant to state his opinion or make amendments. At that time, the agent will reply to the examination opinions on the basis of soliciting the opinions of the applicant, in accordance with the relevant requirements of the Patent Law and in combination with his own agency experience.
Get authorization
If there is no reason to reject the invention patent after substantive examination, and if there is no reason to reject the utility model and design patent after preliminary examination, the Patent Office shall make an authorization decision, issue a patent certificate, and register and announce it. It takes about 3 ~ 5 years from application to authorization of invention patent; The utility model patent takes about 1 year from application to authorization; It takes about 3 ~ 8 months from the application to the authorization of the design patent.
4. Patent management
If the patent is rejected after examination, the Patent Office will issue a "Notice of Registration". After the applicant pays the registration fee, stamp duty and annual fee, the Patent Office issues the Patent Certificate, and the applicant has the patent right from the date of authorization announcement. In order to maintain the validity of the patent right, the patentee must pay the annual fee on time every year. If we entrust our company as an agent, our company will monitor the term of the patent, notify the patentee two months before the expiration of the term, and deal with the patent office in time after receiving the written instructions from the patentee.