Patent application is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy.
All inventions with patent conditions should apply for patents as soon as possible in order to obtain legal protection from the state.
To apply for a patent, the necessary application documents must be submitted to the State Patent Office in accordance with the regulations.
To apply for a patent for invention or utility model, the request, specification, patent right,
Instructions and necessary drawings and other documents. Apply for a design patent,
The request and the pictures or photographs of the design shall be submitted together.
Patent application documents can be written by the applicant himself or by others.
The application documents can be submitted directly to the State Patent Office or sent to the State Patent Office by registered mail.
You can also entrust an agency to handle it. After receiving the required patent application documents, the State Patent Office
, an acceptance notice will be issued to the applicant, indicating the date and application number of the patent application and related matters.
After that, the applicant shall pay the relevant fees as required. Can be paid directly to the patent office,
You can also remit money through the post office or bank, or transfer money through the agency.
[Edit this paragraph] The best steps to apply for a patent:
Patent application is a legal procedure. If an inventor applying for a patent wants to obtain a patent right quickly and stably and obtain legal protection,
You can entrust a patent agent in the Patent Office to provide you with legal and technical assistance. Once the inventor has established an agency relationship with the patent agent, the patent agent is your technical consultant and patent lawyer.
After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent;
Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation.
If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate it to the patent agent, who can complete the patent for you according to the inventor's invention intention.
The whole process from application to patent right.
Procedures for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally goes through the following steps.
I consultations:
1, to determine whether the invention belongs to patentable content;
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Second, sign an agency agreement.
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
Third, technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and will advise the applicant to withdraw the application with little possibility of patent authorization.
At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Review of intransitive verbs
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process.
When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination results. Generally, this process takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent.
Eight, go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
At this point, the patent application process is over.
Types of patents, and what application documents need to be submitted when applying for patents.
1. Types of patent applications
There are three kinds of patent applications: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement;
You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; Depending on the shape of the product,
A new design that is aesthetically pleasing and suitable for industrial application, or a combination thereof and a combination of colors, shapes and patterns, may apply for a patent for design.
2. What application documents should be submitted to apply for a patent?
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (if there are drawings in the specification, the drawings in the specification shall be submitted), the patent claim and the abstract (if necessary, the drawings shall be included in the abstract) in duplicate.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification.
At the same time, submit the CD or floppy disk with ordered list that meets the requirements of China National Intellectual Property Administration.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is needed,
Color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.
If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
1, you can ask the agency for help!
2. Go to the Beijing Intellectual Property Office in person. The form can be downloaded from official website or obtained from the Intellectual Property Office.
3. It is suggested to ask the patent agency for help.