First, determine the type of patent that is suitable for application.
Regarding the definitions of the three, the patent law explains that: invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Based on the above definition, if an innovation is to improve the shape, structure and connection of a product, then it can apply for utility model and invention at the same time. The difference between them is that they have different requirements for innovation and higher requirements for invention. Of course, this innovation can also be applied to inventions and utility models with the same technical scheme. If innovation is the improvement of method level, or the improvement of intangible product content (such as formula), you can only apply for invention patent. Design only protects external shapes (as well as patterns, colors, etc. The design of tangible products does not care about or protect whether there is internal improvement.
No matter which type, innovation is needed. Theoretically, the published technical scheme or design cannot be applied again (it will not be authorized if it is applied).
2. Prepare application documents
The necessary documents for the application for utility model: the request for a patent for utility model, the abstract of the specification, the appended drawings of the abstract, the patent claim, the specification and the appended drawings of the specification, and none of them is acceptable. The attached drawings must be represented by black lines (renderings, physical photos, etc.). Not allowed).
Necessary documents for an invention application: request for invention patent, abstract of specification, patent claim, specification and request for substantive examination. In addition, if drawings are involved, the drawings of the description and abstract shall be added; Involving genetic resources, it is necessary to increase the registration form of genetic resources sources; Where amino acid or nucleotide sequences are involved, a sequence list and its computer-readable form carrier shall be added; Where microorganisms are involved, certificates of preservation and survival of biological material samples shall be submitted.
Necessary documents for design application: design patent request, design picture or photograph, and brief description. If it is a three-dimensional product, the drawings need to provide front views of the front, back, left, right, upper and lower surfaces (no design points can be omitted) and a three-dimensional diagram. If it is a flat product, you only need to provide a solution.
3. Submit application documents
There are two ways to submit application documents: paper submission or electronic paper submission, that is, all documents are printed and signed where necessary, and mailed or delivered to the reception hall of the patent office (or the reception window of the lobby of local agencies). Electronic submission, you can download the CPC client, edit the application documents in it and submit them to the electronic receiving port of the patent office; Or, edit the application document in the web version and submit it to the electronic receiving port of the patent office.
Step 4: Get the admission notice and pay the application fee.
Upon receipt of the qualified application documents, the Patent Office will issue a notice of acceptance and a notice of payment of the application fee. The applicant pays the application-related fees according to the instructions in the notice of application fee payment, and there are many payment methods: face-to-face signing, online banking, post office remittance, etc.
4. Payment Status Query
The Patent Office will not start the examination procedure until it receives the relevant fees of the patent application, nor will it inform the applicant whether it has received the fees, so it is best for the applicant to pay attention to whether the payment is successful after paying the fees.
Five items to be reviewed
After the payment is successful, the Patent Office will start the examination procedure. For different patent types, the examination procedure is different, as follows:
Invention: formal examination → publication of patent application → substantive examination → authorization or rejection.
If a certain stage of the review process is unqualified, then a Notice of Correction or a Notice of Review Opinions will be issued, and both of them need to be answered.
Utility model: formal review → authorization or rejection.
If unqualified products are found during the review, a Notice of Correction or a Notice of Review Opinions will be issued, and both of them need to be replied. Before making a rejection decision, a notice of review opinions will be issued at least once.
Design: Formal review → authorization or rejection.
If unqualified products are found during the review, a Notice of Correction or a Notice of Review Opinions will be issued, and both of them need to be replied. Before making a rejection decision, a notice of review opinions will be issued at least once.
Go through the registration formalities and wait for the patent certificate.
If the review process is successful, the Patent Office will issue a notice of authorization and a notice of registration to inform the applicant that the patent has been authorized, and pay the relevant fees (annual fee and stamp duty) according to the requirements of the registration notice.
The above is the detailed process of patent application. What is this? The whole content. I hope you have your own harvest after reading it. If in doubt, please consult a professional intellectual property consultant.
What are the conditions for patent application? Wenzhou patent application _ invention patent application process