Inventor/designer shall provide detailed technical disclosure as required when applying for invention or real and new patent. The following are the requirements for technical disclosure.
general requirements
The invention or utility model shall be clearly and completely explained, subject to the understanding and realization of ordinary technicians (please pay enough attention to this point). The technical disclosure shall be made in Chinese, and the Chinese translation shall be marked with foreign language or foreign language abbreviation.
Technical disclosure shall include the following contents:
(1) technical field; (2) background technology; (3) the contents of the invention or utility model; (4) Specific implementation methods; (5) Attached drawings and descriptions. The following are the detailed requirements of each part.
(1) technical field
The specific technical field to which the technical scheme belongs or is directly applied.
(2) background technology
Inventor/designer shall provide detailed technical disclosure as required when applying for invention or real and new patent. The following are the requirements for technical disclosure.
general requirements
The invention or utility model shall be clearly and completely explained, subject to the understanding and realization of ordinary technicians (please pay enough attention to this point). The technical disclosure shall be made in Chinese, and the Chinese translation shall be marked with foreign language or foreign language abbreviation.
Technical disclosure shall include the following contents:
(1) technical field; (2) background technology; (3) the contents of the invention or utility model; (4) Specific implementation methods; (5) Attached drawings and descriptions. The following are the detailed requirements of each part.
(1) technical field
The specific technical field to which the technical scheme belongs or is directly applied.
(2) background technology
In the background part, it is best to describe the state of the art in this specific field according to the figure. You can quote the patent documents applied by others, or you can quote the contents of magazines and books or introduce the technologies used by others, or you can describe them according to your own understanding.
After describing the existing technology, we should objectively point out the problems and shortcomings in the existing technology, which are limited to those that can be solved by our own inventions or utility models. Don't say that you haven't solved your shortcomings.
This paper introduces the background technology, points out the shortcomings of the existing technology, and aims to draw out why the technology was invented, that is, under what circumstances. Background art is a comparative reference to judge whether an invention is novel and creative or whether a patent can be obtained.
(3) the contents of the invention or utility model
(1) technical problems to be solved
In view of the defects or deficiencies existing in the prior art, the technical problems that can be solved by the invention or the utility model are pointed out.
(2) Technical scheme
Technical scheme refers to the technical measures taken by the applicant to solve technical problems. This part should be described in as much detail as possible with reference to the attached drawings.
What are the main inventions (that is, the key contents of the invention) of the present invention? If there are many inventions, you can describe them one by one.
This part is the key to the invention, and the more detailed the better. Structurally, the narrative develops gradually from big to small. For an invention related to electricity, we should first introduce the main components, functions of each part and their relationships with block diagrams, and then expand from big to small, and the more detailed the connection relationship, the better. For inventions in the field of machinery, the structural relationship of each part shall be explained in detail with reference to the attached drawings. After the structure and schematic diagram are given, the working principle and mode of the invention or utility model should be introduced in detail.
For the method invention, it is required to be represented by a block diagram and described step by step from a large framework.
(3) beneficial effects
The beneficial effects mean that compared with the prior art, the technical scheme of the invention or the utility model directly brings or leads to the following effects.
The technical effect of the technical scheme is inevitable.
(iv) Specific implementation methods
This part is the embodiment of the technical scheme. The technical scheme can be the main inventive concept, and this part can have a specific scheme on the basis of the technical scheme. For a simple example, such as a table, the technical scheme can be composed of a desktop and table legs supporting the desktop. In the specific embodiment part, because the desktop can be square, round, fixed with legs, detachable, one leg, four legs, three legs, detachable and so on, there are many specific embodiments.
In this part, more than one different embodiment should be given as far as possible to obtain a wider range of protection. After describing the structure, the working principle and process should be explained in detail.
For the invention or utility model of a product, the implementation or example should describe the mechanical composition, circuit composition or chemical composition of the product, and explain the relationship between the parts that make up the product. For the invention of electricity, we should not only introduce the structure of the connection relationship between various parts in the circuit, but also explain its working process, working principle, signal transmission and change. For chip-related inventions, we can first introduce the scheme of applying a chip in an embodiment, and then introduce which chips can be used and the corresponding circuit changes. For a movable product, if only describing its composition can't make the technicians in the technical field understand and realize the invention or utility model, it should also explain its action process or operation steps. For method invention, we can describe which steps can be changed to prevent others from making some changes easily and avoiding tort liability. (5) Attached drawings and explanations
The attached drawings should clearly reflect the contents of the invention.
If there are multiple pictures, mark them with 1 and Figure 2, and explain what each picture is. (If it is a circuit diagram, it should start with a block diagram and end with a specific schematic diagram). Don't mark the dimensions and parameters in the attached drawings. If there are special requirements for some parameters, they should be introduced in the "specific implementation" section.
For structural drawings, there should be no border around the drawings. Parts in the attached drawings shall be marked, such as 1, 2, 3 or 1 1, 12, 13, etc. Common symbols can be used, such as R, C and L for resistance, capacitance and inductance. For each mark, the mark shall be given in the technical disclosure. When the same parts appear in different drawings, the same reference numerals should be used. In addition to the block diagram,
Outside the flow chart, no words should be used in the drawings.
The attached drawings shall not contain other notes (the notes are placed in the technical disclosure). In the technical disclosure, the text in the attached drawings shall be in Chinese, and the original text may be indicated in brackets when necessary.
3, utility model patent application procedures
Documents required to apply for a patent for utility model:
1. Description, claims, abstract and drawings. All application documents must be submitted in Chinese;
2. Power of attorney, which shall include the following contents: the names and addresses of the inventor and the applicant; Where priority is required, the country, date and number of the earlier application shall be provided.
3. Power of attorney, which can be supplemented after the date of application;
4. Where there is a priority claim, a certificate of priority shall be submitted. The priority certificate can be submitted within 3 months from the date of application;
5. Transfer certificate, which needs to be submitted when the applicant is inconsistent with the previous applicant recorded in the priority certificate. The applicant can submit the transfer certificate within 3 months from the date of application.
preliminary examination/check
After accepting an application for a patent for utility model, the Patent Office will conduct a preliminary examination of the application, examining whether the patent application documents are complete, whether the documents conform to the prescribed format, and whether the application conforms to the relevant provisions of the Patent Law and its implementing rules.
Modification of application program
The applicant may submit an amendment to the application documents to the Chinese Patent Office within 2 months from the date of filing in China.
The modification of the application documents shall not exceed the scope recorded in the original specification and claims.
approve
If the application for a patent for utility model is not rejected after preliminary examination, the Patent Office will issue a notice of authorization.
It generally takes 1 year from the submission of an application for a patent for utility model to the issuance of a notice of authorization by the Patent Office.
After the Patent Office issues the authorization notice and the registration notice, the applicant shall pay the registration fee, the printing fee for the announcement and the annual fee for the authorized year within 2 months from the date of receiving the notice.
Issue patent certificates, register patents, and make announcements in patent announcements.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office will issue a utility model patent certificate, register and announce it at the same time, and the patent right will take effect from the date of announcement.
Search report of utility model patent
After the announcement of the decision to grant the patent right for utility model, the patentee of utility model may request the Patent Office to make a search report on the patent for utility model.
annual fee
After authorization, the patentee shall pay the annual fee in accordance with the regulations before the expiration of the patent term to maintain the validity of the patent.
4, design patent application procedures
Documents required to apply for a patent for design:
1. Orthographic six-sided drawing or photo and stereoscopic drawing of design, with the size not less than 3cm×8cm and not more than15cm× 22cm;
2. Brief description of the design (submitted when necessary), which needs to explain the main creative points of the design, request color protection, omit the view, etc. ;
3. Power of attorney, which shall include the following contents: the names and addresses of the inventor and the applicant; Where there is a priority claim, the country, date and number of the earlier application shall be provided;
4. Power of attorney, which can be supplemented after the application date;
5. Where there is a priority claim, a certificate of priority shall be submitted. The priority certificate can be submitted within 3 months from the date of application;
6. If the applicant is inconsistent with the prior applicant recorded in the priority certificate, the transfer certificate may be submitted within 3 months from the date of application.
preliminary examination/check
After accepting an application for a patent for design, the Patent Office will conduct a preliminary examination to examine whether the patent application documents are complete, whether the documents conform to the prescribed format, and whether the application conforms to the relevant provisions of the Patent Law and its implementing rules.
approve
If the application for a patent for design is rejected after preliminary examination, the Patent Office will issue a notice of authorization.
It usually takes six months from filing a patent application to issuing a notice of authorization from the Patent Office.
After the Patent Office issues the authorization notice and the registration notice, the applicant shall pay the registration fee, the printing fee for the announcement and the annual fee for the authorized year within 2 months from the date of receiving the notice.
Issue patent certificates, register patents, and make announcements in patent announcements.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office will issue a design patent certificate, register and announce it at the same time, and the patent right will take effect from the date of announcement.
annual fee
After authorization, the patentee shall pay the annual fee in accordance with the regulations before the expiration of the patent term to maintain the validity of the patent.
5, invention patent application procedures
Documents required to apply for a patent for invention:
1. Description, claims, abstract and drawings (if any). All application documents must be submitted in Chinese;
2. Power of attorney, which shall include the following contents: the names and addresses of the inventor and the applicant; Where priority is required, the country, date and number of the earlier application shall be provided.
3. The power of attorney signed by the applicant can be supplemented after the application;
4. Proof of priority. Where the right of priority is claimed, the relevant documents of priority shall be submitted within 3 months from the date of application.
5. Proof of priority transfer. Where the applicant for the earlier application is inconsistent with the applicant for the later application, the original or notarized copy of the certificate of priority transfer shall be provided. Certificate of priority transfer can be submitted within 3 months from the date of application.
6. The preservation and survival certificate of microorganisms is applicable to the new microorganisms involved in the application, microbial processing technology or microbial products obtained by the technology, and the microorganisms cannot be obtained by the public before the application date. Preservation of the survival certificate can be submitted within 4 months from the date of application.
preliminary examination/check
announce
After preliminary examination by the Patent Office, the invention patent shall be published within 18 months from the date of filing or the priority date.
After the publication of a patent for invention, its application will be temporarily protected, and the applicant may ask the entity or individual who exploits the invention to pay an appropriate fee.
Announce in advance
Where an applicant for a patent for invention requests to publish his patent application in advance, he shall make good preparations for publication from the date of passing the preliminary examination and publish it at the expiration of three months.
Substantive inspection
An application for a patent for invention needs substantive examination. The substantive examination procedure of an application for a patent for invention is initiated mainly based on the applicant's request for substantive examination.
In order to start the substantive examination procedure, the applicant shall make a formal substantive examination request within 3 years from the date of filing an application or claiming priority in China. If no substantive examination is requested during this period, the application will be deemed to be withdrawn.
Modification of application program
At the time of submitting the request for real trial, or within 3 months from the date of receiving the notice of entering the real trial issued by the Chinese Patent Office, the applicant may propose amendments to the application documents to the Chinese Patent Office, but the amendments shall not exceed the scope recorded in the original specification and claims.
In response to the examination opinions, the applicant may modify the application documents according to the opinions of the examiner.
approve
If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office will issue a notice of authorization. It usually takes 2-3 years from the submission of the actual examination request to the issuance of the authorization notice by the Patent Office.
After the Patent Office issues the authorization notice and goes through the registration formalities, the applicant shall pay the registration fee within 2 months from the date of receiving the notice.
Announcement printing fee, maintenance fee, annual fee for the year of authorization, etc.
Issue patent certificates, register patents, and make announcements in patent announcements.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office will issue a certificate of invention patent, register and announce it at the same time, and the patent right will take effect from the date of announcement.
annual fee
After authorization, the patentee shall pay the annual fee in accordance with the regulations before the expiration of the patent term to maintain the validity of the patent.