I. Concept explanation
The patent request is an important document in the patent application, and it is a written statement that the applicant requests patent confirmation and protection from the patent office. The request was made by the Patent Office in accordance with Article 42 of the Patent Law.
A form filled out by the applicant.
Second, the main points of writing
The patent request includes the following main contents:
① Name of invention
This is the requested main project and the first project. The name of the invention should be concise and not more than 15. The name of the invention should clearly indicate the specific content of the invention-creation, and it is not appropriate to use too broad and vague words such as "method" and "device". For example, a patent application contains many different kinds of inventions, which should be clearly and specifically expressed in the name, and words with no exact meaning such as "and others" or "and so on" should not be used. The name of the invention should not be directly expressed in chemical formula, such as "refrigeration CO2 laser", but should be expressed in Chinese, such as "refrigeration CO2 laser". Be careful when using evaluative adjectives in invention names, and avoid using advertising words. The name of the invention shall be consistent with the name of the specification and other documents.
② the name and address of the inventor
The inventor must be an individual, that is, a natural person. To fill in your real name, you can't fill in someone else's name or pen name or pseudonym, and units and organizations can't be inventors. If there are more than two inventors, only one inventor can be filled in the column, and other names can be filled in the column of "inventors other than the above". This filling method is only a formal requirement, and does not represent the inventor's priority or contribution. In the process of invention-creation, a person who is only responsible for organizing work, providing only material conditions or engaging in auxiliary work cannot fill in the form as an inventor.
③ Applicant
The applicant can be an individual or an organization. If it is an individual, you should fill in your real name, not a pen name or a pseudonym. If the patent is applied by several people, it is necessary to designate a * * * applicant. If the applicant is a unit, the full name of the unit should be filled in, and the abbreviation cannot be used. If there are more than one applicant or several units, only the name and full name of one person or unit shall be filled in the column of "Applicants other than the above". When the applicant is an individual and the inventor and the applicant are not the same person, a request for registration of rights transfer must be submitted, and a copy of the transfer contract must be attached.
(4) Agents and representatives
The agent must be a professional worker officially recognized by the Patent Office after examination and approval, and work in a patent agency. When filling in, it shall indicate the name of the patent agency, the name of the agent, the registration number and the work address. In the process of handling the patent, the agency shall not entrust more than two agents. When the applicant is a company and no agent is invited, the applicant shall designate a representative to fill in the form as the patent affairs contact person. If the unit has entrusted an agent, there is no need to designate a representative.
⑤ List of application documents
The list of application documents includes the request, specification, patent claim, appended drawings of specification and abstract of specification.
⑥ List of additional documents
The list of supplementary documents includes the power of attorney of the agent, the declaration of priority, the proof of priority, the patent claim made public in advance and the request for substantive examination, and the proof of novelty is not lost.
⑦ Signature of the applicant or agent
The request shall be signed or sealed by the applicant or agent. Where an application is filed by a unit without an agent, it shall be stamped with the official seal of the unit. Except by telex, the copy shall not be used for signature and seal.
explain
Patent refers to the exclusive right granted by the State Patent Office to inventors and designers to exploit inventions within the time limit prescribed by the patent law.
Patents include inventions, utility models and designs. An invention refers to a new technical scheme proposed for a product, method or improvement. Utility model refers to a new technical scheme suitable for practical use, which refers to the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing in the shape, pattern, color or their combination of products and suitable for industrial application.
The conditions for obtaining a patent right are: the application for a patent for invention and utility model should be novel, creative and practical. Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date. However, within six months before the date of filing, the invention-creation applying for a patent will not lose its novelty in any of the following circumstances: ① it was exhibited for the first time at an international exhibition sponsored or recognized by the China government; (2) It was first published at a designated academic conference or technical conference; (three) without the consent of the applicant, others disclose its contents. Creativity means that compared with the prior art before the filing date, 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. However, the following items are not granted patent rights: ① scientific discovery; ② Rules and methods of intellectual activities; ③ Diagnosis and treatment of diseases; ④ Animal and plant varieties; ⑤ substances obtained by nuclear transformation. However, the production methods of animal and plant varieties can be granted patent rights in accordance with the provisions of the patent law. This is one of the basic problems that applicants should pay attention to.
There are nine steps to obtain a patent right: application, preliminary examination, preliminary publicity, request for substantive examination, substantive examination, announcement, objection, examination and approval. Patents for utility models and designs usually go directly to the public without preliminary publicity and substantive examination. Applying is the first step. To apply, you should fill out an application form and submit it to the patent office. If the Patent Office considers that it meets the requirements, it shall accept it. After preliminary examination, it can be made public as soon as possible, and the contents of the application will be published in the patent gazette within 18 months from the date when the applicant submits the application for free reading by the public. The patent office granted temporary protection to this patent application.
Patent application is a prerequisite for obtaining patent right. When applying for a patent, we should pay attention to the following issues:
(1) To apply for a patent for invention or utility model, the applicant shall submit the written request, specification and its abstract, claims and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
(2) The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary.
(3) The abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.
(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed between the foreign country and China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority.
(5) Where an applicant files an application for a patent for invention or utility model in China for the first time within 12 months, he may enjoy priority. Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.
(6) An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application. The applicant may withdraw his patent application at any time before being granted the patent right. The applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specification and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.
(7) A patent for invention refers to a patent granted by proposing a brand-new solution to the existing technical problems arising from creative activities. An inventor may apply to the Patent Office for a patent for invention according to law. Therefore, it is necessary to fill in an application for a patent for invention. Matters needing attention when filling out an application for a patent for invention: when applying for a patent for invention, documents such as a request for a patent for invention, a specification, a patent claim and an abstract of the specification shall be submitted. The application documents are in duplicate, and copying is allowed, but the signature of the applicant or agency is not allowed; The application must be filled in Chinese. If there is no unified Chinese translation of the foreigner's name and place, the original text should be indicated: if this form cannot be filled in, a blank sheet of paper can be attached, but it must be the same size and quality as this form, and the column number should be indicated when it is added; Other matters needing attention shall be handled in accordance with the requirements of the Patent Office.
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