Utility model and design patents usually enter the public notice directly 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 aspects:
1. To apply for a patent for invention or utility model, the applicant shall submit a request, a specification and its abstract, a patent claim 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.
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 by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
5. Where an applicant files an application for a patent for an invention or utility model with the same theme with the Patent Office within 12 months from the date when the invention or utility model was first filed in China, 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 specifications 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. Invention patent refers to the patent granted by proposing a 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.
Legal basis:
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
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. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.