An invention patent is a new technical scheme for a product, method or its improvement.
The utility model is a new technical scheme suitable for the shape, structure or combination of products;
Appearance design is a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of shape, pattern and color of products.
2. Handling entrustment procedures and payment.
A. Fill in the entrustment form
Requirements for filling in the form:
Required items must be filled in completely and correctly. The inventor/designer must be an individual; The address of the applicant and the contact person should include the postal code, house number and telephone number of the province, city, district and street, and it is best to write down the name of the unit. As the recipient of future letters, the contact address must be accurate and valid.
B. Power of attorney for patent agency
The application in the name of the company needs to be stamped with the official seal of the client, and the application in the name of an individual needs the signature of the client.
C. Request for fee waiver
Personal application requires the signature of the applicant; If an enterprise or institution applies for deferral, it is also required to submit a certificate of deferral of patent fees (indicating the reasons such as business losses).
3, provide technical disclosure information
A. For invention and utility model patents (see examples of utility model patent applications and invention patent applications), you need to provide:
(1) the name of the invention;
(2) belonging to the technical field;
(3) the existing background technology, and objectively point out its shortcomings;
(4) the purpose of the invention;
⑤. The detailed technical scheme for realizing the invention should be fully disclosed, so that people in the field can understand and realize the purpose of the invention. For example:
Mechanical products: describe the structure (including the components and their connections) and working principle of the products with attached drawings;
Electronic products: Describe the necessary components and assemblies of products with attached drawings, and point out the relationship between components and assemblies, including their connection through wires or electrical signals, their functions and working principles in this circuit product;
Communication products or products combining software and hardware: Describe the structure and connection of products with attached drawings, and point out the steps to realize functions, the hardware equipment used and the operation process of software control hardware.
Chemical products: chemical composition, content range, function of each component, reaction and synthesis process, product use, etc. , and lists more than one ratio example within the range of component content;
Process method category: describe reaction steps, reactants and reaction ratio, intermediate products, final products, process parameters, related equipment and containers, catalysts, additives, raw material pretreatment, post-treatment of reaction products, etc.
6. Explain the beneficial effects created by the invention in terms of structure and function, and attach test data when necessary;
All landowners. Attached drawings (structure diagram, schematic diagram, flow chart, etc. ) and its description;
8. The best way to realize the invention (many examples can be cited).
B design patents need samples or pictures, and the specific requirements are as follows:
For exterior design products, the key points of product design involve six aspects, and six front views (front view, back view, top view, bottom view, left view and right view) and three-dimensional views are submitted; If the main points of product design only involve one or several faces, you can only submit the front view and three-dimensional view of the face involved. When necessary, it is also necessary to provide perspective and cross-sectional views of the product in use (such as folded and opened state).
For graphic design products, the front view (front view and back view) of the surface involved in the key points of product design.
The outline of the photo should be clear, avoiding strong light, shadow and foil. The background of a photo can only have one color.
4. Prepare the application documents and submit the application.
On the basis of digesting the technical content, the patent agent designated by the agency writes the patent application documents according to the requirements of the patent law, and at the same time determines the protection scope of the claims for the applicant. After the prepared application documents are confirmed by the applicant, the applicant shall submit a patent application to the China Patent Office, obtain the application date and application number, and forward the Notice of Acceptance issued by the Patent Office to the applicant in time.
5. Acceptance and review
The patent application will be accepted on the day it is submitted to the State Information Bureau, and will be reviewed after paying all the fees. Patent examination is divided into preliminary examination and substantive examination, the latter is only for invention patents.
The patent for utility model and design was authorized after preliminary examination, and the time was about10-1February.
It should be noted here that not all inventions can apply for utility models, and only inventions made in the structure or structure of products can apply for utility models.
After the invention patent has passed the preliminary examination (about three months), a notice of preliminary examination will be issued, waiting to enter the substantive examination. It takes about 3 years to complete the complete review process (which varies greatly according to the review progress).
When the patent application is under examination, the applicant has no right to prevent others from infringing on his rights. However, after the publication of the invention patent (usually 18 months from the date of patent application), the applicant may ask the infringer to stop the infringement and pay the appropriate royalties, or the infringer may refuse. After the patent is granted, the applicant may pursue the tort liability from the infringer through judicial procedures and demand compensation.
Substantive examination of invention patent
The substantive examination of the invention is conducted in the actual examination department of the patent office. Examiners evaluate the novelty, creativity and practicability of patent applications by searching domestic and foreign patent documents and public publications (it should be noted here that the scope of retrieval is not limited to patent documents, but also includes documents published by the applicant himself in papers or other forms), and also need to review whether the writing of patent documents meets the requirements, such as whether it meets the requirements and whether it is single.
The substantive examination must be carried out after the invention is published. According to the law, the disclosure is carried out from the date of application 18 months, and some applicants are willing to disclose their inventions in advance. Therefore, a patent application will be published about three months after passing the preliminary examination. Usually, the examiner in the actual trial stage will send at least one notice of examination opinions to the applicant or his agent, and the examination opinions can reflect the possibility of the invention being authorized and the existing defects. Review opinions generally include format errors, novelty problems, creativity problems, full openness problems, oneness problems and so on.
The time for examining the essence of the patent is uncertain, which will be about 6- 18 months, depending on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for the documents to travel back and forth between the examiner and the applicant or his agent.
1, application for patent for invention and utility model
Take the process of a most common patent agency acting as a patent application as an example. Generally, the process of applying for patents for inventions and utility models in intellectual property agencies includes the following steps.
I. Consultation
Second, write a technical disclosure.
Third, China patent retrieval
Pay the search fee first. Target: 1. Initially confirm the novelty of China's patent application; 2, to prevent infringement of others' patent rights in China. Operation: International search for China patents (i.e. patents in China and patents applied by foreigners to China and published or announced). Search fees and translation fees are charged respectively for searching foreign language patents. After the patent search in China, if I agree to accept the entrustment, I can guarantee that the application will be granted the patent right, otherwise I will refund all the agency fees.
Four. agency
General agent: basic agency fee is charged. Expedited agency: agency fees are charged, and the charging standards of each agency are slightly different. According to the original materials provided by the applicant, the agent fills in the application documents that meet the requirements of, <, < Review Guide >.
Verb (short for verb) accept
After receiving the application documents sent by post or submitted, the State Patent Office shall send back the Notice of Acceptance, and the applicant shall pay the application fee to the China Patent Office at the same time as receiving the Notice of Acceptance or within two months from the date of application. Apply for deferment, pay in proportion to deferment, and collect the handling fee on behalf of the applicant. Failing to pay within the time limit shall be deemed to have withdrawn the patent application.
Six, go through the registration formalities
About one year after the date of application, the applicant shall pay the patent registration fee and the annual fee for the year of authorization to the State Patent Office when it is dispatched by the State Patent Office. The payment period is within two months from the date of receiving the authorization notice from the Patent Office, and the patent certificate issued by the State Patent Office is received about three months after payment. Late payment of patent fees shall be deemed as waiver of patent rights.
Seven. Restoration of rights
If the above-mentioned rights are lost and need to be restored, in addition to going through the procedures for restoring rights and paying the fees owed, it is also necessary to pay the request fee for restoring rights to the State Patent Office.
Eight. review
If you are not satisfied with the decision made by the Patent Office to reject the patent application or not to grant the patent right, you can also request a reexamination from the China National Intellectual Property Administration Reexamination Board.
Nine, cost reduction
The application fee paid to the State Patent Office and the annual fee for the first three years of authorization shall be reduced by 85% for one applicant, 70% for two or more applicants or one unit, and not for two units.
X. Other expenses
Other expenses required by the patent agency.
XI。 Duration of patent protection
Invention patents are 20 years, and utility model patents are 10 years, counting from the date of filing. After authorization, the annual fee shall be paid to the State Patent Office every year within one month of the annual application. See the description on the right side of the patent certificate for details.
2. Application for patent for design
Necessary documents and information
1) instruction letter
Indicate the name of the design, the Chinese and English names and addresses of the applicant and designer, the priority date and its basic application number (if priority is required).
If the English names and addresses of the applicants and inventors need to be translated and confirmed by our bureau, please indicate them.
2) Power of Attorney
Provide the power of attorney signed by the applicant, which can be supplemented within two months from the date of application in China.
3) Priority documents
The priority period of an application for a patent for design is 6 months. Priority documents can be submitted in China within three months from the date of filing.
4) Transfer certificate
If one of the applicants of the China application is different from the applicant of the basic application specified in the priority document, a certificate of transfer is required. The transfer certificate can be supplemented within three months from the date of application in China.
5) Design drawings
Include front view, back view, left view, right view, top view, bottom view and stereoscopic view.
Graphic size: 3cm x 8cm ~ 15cm x 22cm.
Provide a set of black and white photos and a set of color photos without color protection; If color protection is needed, provide two sets of color photos and one set of black and white photos.