The application process of design patent is as follows: 1. When applying for a patent for design at the application stage, the patent application documents shall include: a request for a patent for design, pictures or photographs.
Where color protection is required, color pictures or photographs shall also be submitted in duplicate.
All submitted pictures are pictures, all submitted photos are photos, and pictures or photos shall not be mixed.
If pictures or photo descriptions are needed, a brief description of the design shall be submitted.
Where a patent agency is entrusted, a power of attorney shall be submitted.
To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. In the examination stage, China implements the preliminary examination system for the application for patent for design.
During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents.
The applicant makes corrections to the notice.
At the same time, the examiner will examine whether it belongs to the design patent protection customer. If there are customers who are not protected by the design patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right.
After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities.
This period of time is about 2-3 months.
4. Application fee for a patent for design. Within 2 months after filing an application for a patent for invention, an application fee of RMB 500 yuan is required.
If the application fee is deferred, it shall be handled in accordance with the provisions on deferred payment.
Where a patent agency is entrusted to apply for a patent for invention, the agency fee of the patent agency varies according to different industries and regions, and the specific amount shall be determined by the applicant and the patent agency through consultation.
The application process of utility model patent is as follows: 1. The application documents for utility model at the application stage shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract.
An application for a patent for utility model must have a description and drawings.
Where a patent agency is entrusted, a power of attorney shall be submitted.
2. In the examination stage, China implements a preliminary examination system for utility model patent applications.
During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents.
The applicant makes corrections to the notice.
At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
The utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application.
It mainly examines whether the application for a patent for utility model has the documents stipulated in Article 26 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format, including the following matters: whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or Article 31, paragraph 1, Article 33, Article 2, paragraph 3, Article 22, paragraph 2 or Article 4 of the Patent Law. Whether it obviously does not conform to the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law; The Patent Office will notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn.
If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right.
After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities.
This period of time is about 2-3 months.
The application process of invention patent is as follows: 1. Application: The application for invention patent is confirmed by signing a contract. At this time, the patent agent will write patent documents according to the technical scheme provided by relevant technicians. In the process of writing, he will communicate with technicians, write patent documents, and submit them to the patent office for application after being confirmed by technicians. The process of writing a patent document is about 1-2 weeks. After submitting the application, there will be an electronic acceptance notice within 1 week, and the application fee will be paid to the Patent Office, and the 950 yuan will issue an invoice; 2. Preliminary review: After acceptance, enter the preliminary review stage.
After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it meets the relevant requirements of the Patent Law, and shall publish it after 18 months from the date of application.
The Patent Office may also publish its application at an early date upon the request of the applicant.
Generally, about 4 months from the date of submitting the application, you will receive the notice of preliminary examination; If a request for early publication is made, the patent application will be published on the website of the Patent Office about 7 months from the date of application, and the announcement notice of the invention patent application will be received at this time; 3. substantive examination: after receiving the announcement notice of the application for a patent for invention, enter the substantive examination procedure.
Generally, you will receive a notice to enter the substantive examination stage in about 8-9 months; In the substantive examination stage, the patent office examiners will conduct substantive examination of the submitted technical scheme, and they will retrieve the domestic and foreign comparative documents published before the application, mainly to evaluate the novelty and creativity of the technical scheme; During the review process, a notice of review opinions will be issued. At this point, the technicians need to cooperate with the patent agent to reply to the examination opinions; The substantive examination period is about 1 year. After passing the substantive examination, you will receive the authorization notice about 2 years, and pay the registration fee and annual fee at this time; Received a patent certificate from the patent office about 2.5 years ago.
Details: Shenzhen York Intellectual Property Agency Co., Ltd.