An invention refers to a new technical scheme proposed for a product, method or its improvement. Method invention divided into product invention and technical scheme. Product invention refers to all inventions that appear in tangible form, that is, using objects to express their inventions, such as machines, equipment, instruments, supplies, etc. Method invention refers to the invention that the technical scheme provided by the inventor is aimed at a certain substance to produce new technical effects. Methods The technical scheme of the invention was expressed by operation mode and technological process.
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The utility model patent only protects products with certain shapes, and products and methods without fixed shapes and designs featuring simple plane patterns are not protected here. Because utility model patents and applications have the characteristics of no substantive examination, short approval period and low cost, the number of applications for this type of patents accounts for 2/3 of the total number of patent applications.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, that is, the style of the product, based on the shape, pattern or combination of the product and the combination of color and shape and pattern. It also includes designs featuring simple plane patterns.
Form of Patent Application The formalities of patent application shall be handled in written form (paper form) or electronic file form.
2. 1 written form
Where an applicant files a patent application in written form and is accepted, it shall submit a paper document in the examination and approval procedure. Unless otherwise specified, the relevant documents submitted by the applicant in the form of electronic documents shall be regarded as not submitted.
All kinds of procedures handled by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, e-mail and other means of communication are regarded as not submitted and have no legal effect.
2.2 electronic file form
Where a patent application is filed in the form of an electronic document, the applicant shall sign an electronic patent application system user registration agreement with China National Intellectual Property Administration in advance. A patent agency offering electronic patent application agency business shall sign an electronic patent application system user registration agreement with China National Intellectual Property Administration in the name of a patent agency.
Where an applicant applies for an electronic patent and is accepted, it shall submit relevant documents in the form of electronic documents through the electronic patent application system in the examination and approval procedures. Unless otherwise specified, the relevant documents submitted by the applicant in other forms such as paper are deemed to have not been submitted.
The format requirements of electronic documents shall be announced separately by China National Intellectual Property Administration.
3. Applicable words
Rule 4
3. 1 China patent application documents and other documents shall be in Chinese, except for certificates or evidential materials issued by foreign government departments or formed abroad.
The examiner takes the text of China patent application submitted by the applicant as the examination basis. The foreign language application text attached by the applicant when filing a patent application is only for the examiner's reference in the examination procedure and has no legal effect.
3.2 Chinese characters
The word "Chinese" in section 3. 1 of this chapter refers to Chinese characters. Patent application documents and other documents shall use Chinese characters, and the words and sentences shall conform to the norms of modern Chinese.
Chinese characters shall be based on the simplified Chinese characters published by China Language Reform Commission 1964. The Patent Office may correct the variant characters, traditional characters and nonstandard simplified characters in the application documents or notify the applicant to make corrections.
Rule 4. 1
3.3 Detailed Rules for Foreign Language Translation 4.2
Foreign language patent application documents shall be translated into Chinese, among which foreign language scientific and technological terms shall be translated into Chinese in accordance with regulations, and standardized terms shall be adopted. If there is no unified Chinese translation of foreign scientific and technological terms, they can be translated into Chinese according to general practice, and the original text should be indicated in brackets after the translation. Units of measurement shall use national legal units of measurement, including the international system of units and other units of measurement selected by the state. If necessary, other units of measurement known in the art can be marked in brackets. When submitting foreign language documents and evidence materials (such as priority certificate, transfer certificate, etc.). ), the parties concerned should also attach the Chinese translation of the title. When the examiner deems it necessary, he may require the parties to submit the Chinese translation of the full text or abstract within the prescribed time limit; If the translation is not submitted within the time limit, it shall be deemed that the document has not been submitted.
Detailed Rules 1 18. 1
4. Standard format When handling patent application procedures, the standard format formulated by the Patent Office shall be used. The standard format shall be formulated, revised and published by the Patent Office in accordance with certain formats and styles.
For the documents submitted in non-standard form when going through the patent application formalities, the examiner may issue a notice of correction or a notice of deemed failure to go through the formalities in accordance with the regulations.
However, when the applicant replies to the notice of correction or the notice of examination opinions, if the format of the correction or statement of opinions submitted is not standardized, as long as the application number is indicated, it indicates that it is a correction of the application documents, and the signature or seal is in compliance with the regulations, it can be regarded as that the file format meets the requirements.
4. 1 paper
The paper used for various documents should be soft, strong, durable, smooth, dull and white. Its quality should be equal to or higher than 80 grams of offset paper.
4.2 specifications
Specifications of the specification, specification drawings, claims, specification abstract, abstract drawings and other forms are all 297mm× 2 10mm (A4).
4.3 Profit
Leave 25mm blank at the top of the application document (with title, from the top edge to the margin), 25mm blank at the left side,15mm blank at the right side, and15mm blank at the bottom from the bottom edge of the page number to the margin.
Rule 120