I. Types and definitions of patents in China
Patents mentioned in China's patent law include invention patents, utility model patents and design patents.
An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products.
Second, the conditions for granting the patent right
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The design that has been granted a patent right shall be different from or not similar to the design that has been published in domestic and foreign publications or used publicly in China before the date of application.
Third, preparation before applying for a patent
Learn and be familiar with the patent law and its detailed rules for implementation. Learn in detail what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent. At the same time, we should also know the rights and obligations of the patentee and how to maintain and implement it after obtaining the patent.
To fully understand the current technical situation, the applicant should at least search the patent documents, because the patent documents contain the latest technical information at home and abroad, and there is a scientific classification method. You can also ask the personnel of the Patent Office to search.
Keep a secret. Do not disclose the application contents in the form of publications, conferences, sales, exhibitions, etc. before the patent application, so as not to lose novelty.
Four, the way to apply for a patent:
The patent applicant may apply for a patent directly to the Chinese Patent Office, or entrust a patent agency (Patent Office) to apply for a patent to the Chinese Patent Office.
Where a patent applicant entrusts a patent agency to handle the application, it shall sign a power of attorney for patent agency and provide the necessary technical information. Patent agencies have the responsibility to keep relevant information confidential.
Information to be provided when applying for a patent for invention or utility model:
The name of the invention.
Belonging to the technical field.
Background of the invention: The state of the art (including principle, structure, application, etc. ), mainly pointing out the defects, problems or deficiencies in similar technologies.
The task or purpose of invention and creation: aiming at the shortcomings of the existing technology, put forward the problems to be solved.
Content of invention and creation: describe the technical concept of invention and point out its specific structure, connection and function.
Advantages and positive effects of invention and creation.
Attached drawings: Combined with structural schematic diagram, circuit schematic diagram, block diagram, etc. Generally, there is no text in the attached drawings of this technical scheme, and all parts or components are numbered by numbers.
Example: Describe the specific ways to realize the invention and creation.
Information to be provided when applying for a patent for design:
Pictures and photographs of physical products or product designs. Pictures or photographs shall include: front view, top view, bottom view, left view, right view, back view and three-dimensional view (use status reference map), and shall meet the following requirements:
Photos must be black and white photos, and pictures must be drawn with drawing tools;
The drawing size shall be no less than 3x3cm and no more than19x27cm;
The proportion of each picture or photo must be consistent;
Pictures or photographs shall not have trademarks and words;
If color protection is needed, color photos should also be provided.
In addition, the applicant should also provide: inventor's name, applicant's name, mailing address, postal code, etc.