Application for patent of traditional Chinese medicine in high-tech zone

Are you a prescription? You can apply for a patent for utility model in China.

I. Documents and materials to be provided

1. Provide necessary information:

The name of the invention applied, the name, address and nationality of the inventor, and the name, address and nationality of the applicant. If so, does the invention patent require disclosure in advance, and does it require substantive examination at the same time as the application is submitted?

2, technical disclosure:

Including the name of the invention, the technical field to which the invention belongs, the existing technical situation in this technical field, the purpose of the invention, the technical scheme to realize the invention and the technical implementation effect. If necessary, drawings can be provided to illustrate the invention.

Second, the matters needing attention and related instructions

(1) Description of the agent

1. If the method invention or product invention is a substance with no fixed shape, you can only apply for an invention patent, not a utility model patent. Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

2. The agent shall, according to the contents of the technical disclosure provided by the applicant, write application documents, including instructions, claims, abstracts and drawings, and submit them to the applicant for examination and signature before submitting them to the Patent Office.

3. If the applicant changes his address or contact person, please inform us in time to avoid receiving relevant notices and materials.

(2) Procedural interpretation

1. At any time within three years from the date of application, the actual examination period of the invention patent request shall be paid.

2. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within the specified time. Failing to go through the registration formalities according to the provisions, or failing to do so within the time limit, shall be regarded as giving up the patent right.

After the patent right is granted, the patentee has to pay the annual fee every year. If there are six months overdue, he can still pay the annual fee, but he has to pay a late fee. If the annual patent fee is not paid or the annual fee and late fee for this year are not paid in full, the patent right shall be terminated from the date of expiration of the previous year.

4. The difference between an invention and a new patent is that:

■ Protection object: Invent and protect products and methods, while utility models only protect the shape and structure of products.

■ Review system: substantive review of inventions; In the preliminary examination of utility model, the requirement of creativity standard is slightly lower than that of invention.

■ Protection period: 20 years for invention and 10 year for utility model.

■ Different cost: The utility model has low cost.