How to apply for a patent trademark? The so-called trademark patent application refers to a way to apply for the trademark you want to use in advance in order to prevent others from using similar or even identical trademarks. So how to apply for a patent trademark?
How to apply for a patent trademark 1 how to apply for a trademark patent
Patent application is to hold the relevant documents of patent application and go directly to the reception office in China National Intellectual Property Administration or its subordinate reception offices. If these places are far away from their place of residence, you can also sort out all the materials needed to apply for a patent by mail and send them to China National Intellectual Property Administration for processing.
1. To write the patent application materials, the patent applicant can fill them out by himself or entrust the relevant patent agency to help him write them, but the contents must be clearly written.
2. Acceptance of patents. China National Intellectual Property Administration will conduct preliminary screening after receiving the application materials of patent applicants. For those who meet the application conditions, it will determine the specific application date, and then issue the applicant's application number and the applicant's acceptance letter on the patent application.
3. If the application materials are submitted directly to the relevant handling office in person, the applicant can postpone the application for two months from the date of application after obtaining the acceptance notice and the patent application payment form, and must pay the application fee within two months.
4. Then it will enter the process of applying for approval.
5. At this time, the relevant examination departments in China National Intellectual Property Administration will put forward various questions to the applicant according to the submitted materials and the relevant contents of the patent application. The applicant should classify the questions and answer them one by one, reply to the examiner's opinions on the patent, and modify or reissue the application. If the applicant disagrees with the examiner's review opinions, he may ask questions and state his opinions and reasons.
6. Go through the patent application formalities. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he must go through the relevant registration procedures within two months in accordance with the relevant regulations and requirements, and must go through the registration procedures and pay the fees within the prescribed time limit. The Patent Office will grant the applicant a patent right, issue a patent certificate, fill it in the patent system, publish and announce it in the patent bulletin, and the patent right will take effect as of the date of announcement.
7. To apply, you need to go through the relevant registration procedures. Other patent application materials and any documents need not be submitted when going through the relevant registration procedures. The applicant only needs to pay the relevant fees for patent registration in time within the specified time.
How to apply for a patent trademark? Patent application process
I. Application for a patent for invention
1. Approval process of invention patent application Patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization
2. Documents to be submitted when applying for a patent for invention
1. request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
2. Description: including the name, technical field, background technology, invention content, attached drawings and specific implementation methods of the invention patent.
3. Claim: Explain the technical features of the invention, and clearly and concisely state the contents of the requested protection.
4. Drawings in the specification: Invention patents often have drawings. If the technical scheme can be described clearly and completely in words, there is no need for drawings.
Second, the utility model patent application
1. Approval process of utility model patent application Patent application-acceptance-preliminary examination-announcement-authorization
2. Documents to be submitted when applying for a patent for utility model
1. Request: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2. Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field.
3. Claim: Explain the technical features of the utility model, and clearly and concisely state the contents of the requested protection.
4. Illustration: The patent for utility model must have attached drawings.
5. Description abstract: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.
Third, the application for a patent for appearance
1. Process patent application for design patent-acceptance-preliminary examination-announcement-authorization 2. Design patent 1 documents to be submitted. Request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc. Design pictures or photos: at least two groups of pictures or photos: front view, back view, top view, bottom view, left view and right view. If necessary, provide a brief description of the 3D view and design; If necessary, submit a brief description of the design.
Second, the trademark application process
The procedure for applying for trademark registration is divided into two steps:
The first step is trademark inquiry.
According to the trademarks submitted by customers and the goods or services used by trademarks, we will give professional inquiries, and give customers feasibility analysis and suggestions on applying for trademark registration according to the results of the inquiries, so as to minimize the risk of trademark rejection.
Step 2: Apply for registration.
(1) bid stage: declare to the Trademark Office on the same day and return to the Trademark Office to submit the list on the same day;
② Trademark Office review stage: formal review passed-> Notice of acceptance issued by the Trademark Office-> Substantive review;
(3) Announcement of passing the preliminary examination in the registration stage: substantive examination passed-> Announcement of preliminary examination->; Objection period->; Approved for registration.
How to apply for a patent trademark? How do individual citizens apply for trademark patents?
I. Measures for trademark application
1. The way to apply for a registered trademark includes going to the registration hall of the Trademark Office in person or entrusting a trademark agency to handle it.
2. Application conditions and procedures
1. Where a trademark agency is entrusted to apply for the registration of a certification trademark or a collective trademark, the applicant may voluntarily choose any trademark agency registered in the Trademark Office. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".
2. If the applicant directly goes to the Trademark Registration Hall of the Trademark Office to apply for the registration of a certification trademark or a collective trademark, the applicant can follow the following steps:
Before applying, check the non-essential procedures, prepare the application documents, submit the application documents in the acceptance window of the trademark registration hall, confirm the submission of the registration application in the coding window, pay the trademark registration fee in the payment window and receive the fee receipt.
After the applicant receives the receipt, the application for trademark registration is completed. Please refer to the trademark registration flow chart for the trial procedure of trademark registration. After receiving the Notice of Obtaining a Trademark Registration Certificate, the applicant shall go to the trademark registration hall to obtain a trademark registration certificate.
3. The applicant can also go to the Trademark Office.
Second, the way to apply for a trademark
The process of individual patent application is to query and retrieve the technology that needs to be patented; Determine the type of patent application; Prepare application materials; Submit patent application documents; Issue a notice of amendment or reply to the review opinions, reply or correct; China implements a preliminary examination system for applications for patents for designs and utility models. The invention patent shall be subject to the examination system of preliminary examination, announcement and substantive examination, and the patent right shall be granted and the corresponding fees shall be paid. At this point, the individual patent application process is over.
Relevant legal provisions: People's Republic of China (PRC) Patent Law.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
Two. Materials to be submitted for patent application
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.