1. You can apply for a patent directly in China National Intellectual Property Administration, or you can apply for a patent by registered mail (patent application documents include: request, patent claim, specification, appended drawings of specification, abstract of specification and appended drawings of abstract);
2. Entrust a patent agent to apply for a patent. The patent application is of high quality, which can avoid the delay of examination and authorization due to the quality problem of application document writing.
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
1. Invention patent: you can apply for an invention patent for a product, a method, or a new technical scheme proposed by improving a product or method;
2. Patent for utility model: you can apply for a patent for utility model for a new technical scheme suitable for practical use according to the shape, structure or combination of products;
3. Design patent: a new design with aesthetic feeling and suitable for industrial application, which aims at the shape, pattern or their combination of products and the combination of color and shape and pattern.
To apply for a patent, you can go to the local intellectual property office or go to China Patent Electronic Application Network for online application. The specific process is as follows:
1. Confirm the type of patent application;
2, search for the same type of patent, you can search by yourself, or you can entrust an agency to conduct a more comprehensive search;
3. Prepare application documents and submit them to the application step;
4. get the admission notice;
5. Preliminary examination;
6. Announcement stage;
7. Substantive review;
8. Authorization stage.
Patented inventions and innovations should be patented as soon as possible in order to obtain legal protection from the state. The same patent application must submit the necessary application documents to China National Intellectual Property Administration as required. To apply for a patent or go through the formalities in China National Intellectual Property Administration, the application documents shall be submitted directly to the application acceptance window in China National Intellectual Property Administration or any patent agency in the Patent Office, or mailed to the acceptance office in China National Intellectual Property Administration or the patent agency in the Patent Office. The examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. Patent refers to the protected exclusive rights and interests owned by the creator of an invention.
legal ground
patent law of the people's republic of china
Article 26. To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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.
Article 27. The applicant for a patent for design shall submit a request, a picture or photograph of the design, a brief description of the design and other documents.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.