How to choose the type of patent application correctly

1. What are the characteristics of invention patents?

1. Long protection period of invention patent: 20 years.

2. An application for a patent for invention requires preliminary examination and substantive examination, and the patent right can only be obtained after the substantive examination is qualified.

3. The examination time of the invention patent application is long and the authorization is slow.

2. What are the characteristics of utility model patents?

1. The protection period of utility model patent is short: the protection period is 10 year.

2, the application for a patent for utility model only for preliminary examination, not substantive examination, preliminary examination qualified can get the patent right.

3. The patent application for utility model is granted quickly, usually within 12 months or even less.

How should enterprises apply for patents?

Enterprises can apply for invention patents and utility model patents at the same time.

Article 9 of the Patent Law stipulates that if the same applicant submits an application for a patent for utility model and an application for a patent for invention at the same time on the same day, the patent right for utility model obtained first has not been terminated, and the applicant abandons the patent right for utility model, the invention patent right may be granted.

If the applicant submits an application for a patent for utility model and an application for a patent for invention on the same day, the applicant can obtain a patent for utility model in a short time, so that his invention can be protected as soon as possible;

If an application for a patent for invention can be granted a patent for invention after substantive examination, the applicant should make a choice. If the patent right of utility model obtained in advance is abandoned and the invention patent right is obtained, then the applicant can obtain a more stable patent right and a longer protection time.

How does the applicant change the type of patent application?

This will happen after everyone submits a patent application. Is to find that the type of patent application you submitted does not match the type of patent you need. At this time, it involves how the applicant changes the type of patent application. Shang Zhi trademark is a suggestion for everyone. You can change the type of patent application in the following ways:

1. The applicant can resubmit a new application with the application type required by the applicant within 12 months from the application date and before the previous application is approved.

Where the type of the earlier application is an application for a patent for invention or an application for a patent for utility model, a new application of the application type required by the applicant shall be resubmitted within 12 months from the date of application and before the earlier application is authorized, and the priority of the earlier application shall be enjoyed. The earlier application is deemed to be withdrawn, and the novelty of the latter application is not affected by the earlier application;

2. The applicant may file an application for a patent for invention or a patent for utility model on the same day within 12 months from the date of filing and before the earlier application is authorized.

The earlier application is an application for a patent for invention or utility model, and the applicant wishes to submit an application for a patent for invention or utility model at the same time. The applicant may file an application for a patent for invention or a patent for utility model on the same day within 12 months from the date of filing and before the earlier application is authorized. Both applications enjoy the priority of the earlier application, and the earlier application is deemed to be withdrawn. Similarly, the earlier application does not affect the novelty of the later application.