Question 2: What is the conceptual difference between patent acceptance and patent authorization? Patent acceptance means that the Beijing Patent Office has begun to accept this patent and will issue a notice of acceptance.
Patent authorization means that this patent has patent ownership in essence and is not infringed by others. The patent office will issue certificates.
Question 3: What do you mean by patent acceptance and authorization? If it refers to the National Information Bureau, not every application can be authorized in the technology patent submitted by the applicant. Especially invention patents. The audit is particularly strict. If you have a technical problem. The State Bureau of Knowledge will not grant this technology patent.
If so, the patented technology can be licensed. Then the National Bureau of Knowledge will send an authorization notice to the applicant first. Getting the authorization notice means that this technology has become a patent. Just waiting for the patent certificate.
I hope I can help you.
Huang Lin, Beijing Yuanda Ideal Consultant Co., Ltd.
Question 4: What does the invention patent acceptance number mean, for example: 2 D 09 100 12964.2.
The first four digits are the year number, 1 represents the applied invention patent, and 00 12964 represents the patent number. 00 12964 is applicable to 2009, and.2 stands for computer comparison number. Each application has an application number, which is also the patent number when it is authorized in the future.
Question 5: What is the acceptance of a patent application at 20 minutes? If I am a unit, then the number of applications I submitted to the Intellectual Property Office is accepted, which means that the patent application is accepted.
Conversely, the number of applications received by the Intellectual Property Office each year is also the number of patent applications accepted.
Question 6: What does the patent open day mean? Patent disclosure is a unique procedure of invention patent application, which means that the patent application is made public on this day, but it does not mean that the public can use the patent at will.
The published patent application is in the temporary protection period. If "infringement" occurs after the publication date, it can be handled in accordance with the patent law.
Supplement: The temporary protection period is from the date of publication to the time when the patent application is authorized. Most of the patents in 2003 have been closed (that is, authorized or rejected) by now.
So if there is any infringement now, you need to check whether he authorized it, and if so, whether the patent right is still being paid. If you are not authorized, or if you don't pay, the patent right will expire, so you can use it at will.
Question 7: What does it mean to apply for a national patent?
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law:
Article 2 "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 practical use 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, which is made by the shape, pattern or combination of products and the combination of colors, shapes and patterns.
1 general principles of patents
1. Request principle: a patent application must be filed before the patent office can accept it;
2. Written principle: All submitted procedures should be handled in written form; And signed or sealed by the applicant; The application documents must refer to the uniform format stipulated by the Patent Office.
(3) Principle of first application: If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
(4) Priority principle: It means that the applicant can enjoy domestic priority if he files a patent application for the same subject with the Patent Office within 12 months from the date when the invention or utility model was first filed in China.
⑤ Principle of uniqueness: It is not allowed to put two different inventions or utility models in the same patent application, nor to put two designs of a product or designs of multiple products in one patent application. However, the following situations can be put forward in a patent application: a. a product and its manufacturing method; B. the product and the mold used to manufacture the product; C. The two products must be matched with each other before use; D several technically related products or a product have different embodiments under the general technical concept.
2. Documents that need to be submitted when applying for a patent (documents must refer to the unified form style stipulated by the Patent Office)
(1) Documents required to apply for a patent for invention: a request for a patent for invention; Description; Claim; Description summary; The drawings can be submitted at the same time as the drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
2. Documents required to apply for a patent for utility model: a request for a patent for utility model; Description; Claim; Description summary; Attached drawings of instructions; Abstract attached drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
(3) Documents required for applying for a patent for design: a request for a patent for design in duplicate; Design drawings or photos in duplicate; Where color protection is required, two drawings or photos in color and black and white shall be submitted; A brief description of the design in duplicate; Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
The above documents must be printed (No.4, No.4 or No.5 in Song Dynasty or imitation Song Dynasty, and the handwriting must be black and clear; The paper is A4 printing paper or copy paper; Center position of the article: leave a margin of 2.5 cm on the top and bottom of the paper, and a margin of 1.5 cm on the left and right), and all of them adopt the table format specified by the Patent Office. Please click here for the form and sample patent application.
3. Writing of patent application documents
Request writing: fill in according to the contents and tips of the form.
B writing instructions: discuss the invention or utility model one by one according to its name, technical field, background technology, purpose of invention and creation, technical scheme, beneficial effects, further explanation with attached drawings and specific implementation methods.
C. Writing of claims: Independent claims and subordinate claims shall be divided according to the specification. When there are multiple claims, they shall be numbered by * * *. Generally speaking, the claim of 1 is an independent claim, and the rest are subordinate claims. If the technical features in the independent claim need to be further defined, it is a dependent claim. Independent rights should be >>
Question 8: How long does it take from patent acceptance to patent disclosure? The patent law of our country stipulates the "rule of early disclosure": after preliminary examination, the patent office considers that it conforms to the provisions of the patent law, and it will be published after 18 months from the date of application. The so-called early disclosure means that the applicant can request the early disclosure of his patent application from the date of application and the priority date, and shall submit an early disclosure statement. After the early public statement has passed the preliminary examination of the Patent Office, it can immediately enter the public procedure. The pre-public statement is only applicable to the application for a patent for invention. In other words, if a patent application is submitted at the same time and it is required to be published in advance, then the patent will generally be published online in the Patent Office in about 6 months; If it is not required to be made public in advance, the patent will be made public after 18 months from the date of application and granted for 2-3 years. General utility model and design patents can be published and authorized after half a year of preliminary examination.
Question 9: What does the utility model in the patent mean? Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. A patent for utility model shall have the following characteristics; First, the utility model must be a product and suitable for practical products. Such as instruments, equipment, appliances or daily necessities; Second, it must have a certain shape and structure. If it is a substance with no fixed form, such as gas, liquid, powdery solid (sugar, flour), etc. It can't be the object of protection of utility model patent. What is a patent is the abbreviation of patent right, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law. Patent is a legal system that enables applicants to make profits through their inventions. Within the time and geographical scope of patent protection, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. In order to obtain a patent, the applicant must disclose the contents of his invention to the public, and once the patent right expires, the invention becomes a well-known technology and can be used by others for free. During the term of patent protection, the patentee monopolizes all the rights of the invention, and can make profits by exploiting, transferring or licensing it himself. 2. Types of patents An invention patent is a new technical scheme for a product, method or its improvement, with a protection period of 20 years; Utility model refers to a new practical technical scheme for the shape, structure or combination of products, and the protection period is 10 year; Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, and the protection period is 10 year. The above period shall be counted from the date of application and may not be extended after expiration. Seize the opportunity when the idea of the invention is just taking shape in the mind, even if it has not been successful at this time, the applicant should record the content of the invention. Once the invention is completed, it is necessary to immediately determine which content can be patented. On the basis of patent search, it is best to get the help of a licensed patent agent. As China adopts the first application system, it is very important to submit a patent application to the Patent Office as soon as possible after the evaluation. The same invention-creation can only be granted a patent right, which belongs to the first applicant. Keep it strictly confidential before applying, because publicity will lose novelty. Applicants who write patent application documents usually hire licensed patent agents to help them apply for patents. After the two parties sign the entrustment agreement, the applicant will generally provide the patent disclosure materials, and the agent will write the documents according to the contents of the disclosure materials. Patent application documents include specification, claims, drawings of specification, abstract of specification, etc. Patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantive support to the scope of patent claim protection. Patent Search Next, the applicant needs to conduct a comprehensive patent novelty search, including not only China patents, but also China's scientific research papers, foreign patent documents and public publications. If you can't retrieve the same or similar existing technology as the invention, you can consider applying for a patent as soon as possible. Generally speaking, a licensed patent agent can provide valuable reference information for the applicant. There are millions of patent documents in China National Intellectual Property Administration's websites and archives, and free patent databases are opened on the websites of patent departments in various countries for public inquiry. Computer retrieval is not enough. Computer checking is very helpful in many cases, but it is not foolproof. Depending on the database used, the user's retrieval experience and language level, there will be different retrieval results, and sometimes important information, such as key pictures or chemical structures, will be missed. In addition, if the user doesn't know how to use the network resources and lacks the novelty and creativity of the law, he will not be able to make a correct judgment on the search results. Therefore, it is best to entrust China National Intellectual Property Administration Patent Office to search, which has the most comprehensive database resources in China. Searchers generally come from Patent examiners and have rich search experience and good foreign language skills. As the retrieval report given by the Patent Office is not analyzed, the applicant had better entrust a practicing patent agent to help judge and analyze. After searching the patent application process ... >>
Question 10: What is the substantive examination in a patent? Substantial examination, in short, is to find all the patent documents, papers and other public materials that are the same as or similar to your patent all over the world and whose publication date is before your patent application date.
Then compare and find that the patents you applied for are the same, which proves that your patents are not novel. The patent will be rejected.
If you find a difference, you need to see if the difference is obvious. If the field is obvious, it is not creative. The patent will be rejected.
If it is not obvious, it is creative and can be authorized without finding other refusal conditions.