00。 For example, prior patent documents, documents, periodicals, drawings, etc. Similar to or similar to the application project. When applying for a patent for invention in China, it's best to search for the patent in advance, otherwise the applied project will be easily rejected in the application review process.
(2) Written technical data
00 1, the technical field and application scope of the application project, and the technical measures, technical means, methods or ways to achieve the same or similar effects with the application project in the existing technology; What technical problems need to be solved for the invention purpose of the application project? 003. Describe in detail the technical measures and features to realize the invention purpose of the application project with words and attached drawings. For example, an application project is a product, and technical measures and technical features refer to the structure of the product, the connection, layout, relationship and function of each part in the application project, the combination mode and detailed dynamic mode of each part, the application project is a method, while technical measures and technical features refer to the process, process parameters and related details. In addition, at least one specific example of the applied project should be provided (the specific example here does not refer to the model or the physical object, but refers to the drawings and text descriptions showing the specific example. Only when the technical measures of the application project cannot be explained by drawings and words can models or objects be provided to explain the application theme). 00, the drawings provided shall be drawn on A4 paper with a carbon pen, and there shall be no characters, boundary lines, dimension line and size marks on the drawings. All parts and components can be marked with numbers (1, 2, 3 ...), and the name of the part represented by each mark should be written on another piece of paper. 004, the experimental data and results of the application project, or the phenomenon produced in the experiment; 005, combined with specific examples and practical (trial) conclusions, objectively explain the advantages and disadvantages of the invention. If there is no experimental data or conclusion, the inventor shall objectively analyze the invention and infer the possible advantages and disadvantages of the invention; 006. The difference in technical characteristics between the application project and the existing technology considered by the inventor; 007. What the inventor thinks should be a technical secret. 00 Electronic Patent Application Provisions Article 1 In order to standardize the relevant procedures and requirements for transmitting patent applications (hereinafter referred to as electronic patent applications) through the Internet, facilitate applicants to submit patent applications, improve the efficiency of patent examination and approval, and promote the construction of e-government, these Provisions are formulated in accordance with the provisions of Article 2 and Paragraph 2 of Article 15 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules for the Implementation of the Patent Law). Article 2 To file an electronic patent application, a user registration agreement for the electronic patent application system (hereinafter referred to as the user agreement) shall be signed with China National Intellectual Property Administration in advance. A patent agency offering electronic patent application agency business shall sign a user agreement with China National Intellectual Property Administration in the name of a patent agency. If the applicant entrusts a patent agency that has signed a user agreement with China National Intellectual Property Administration to handle the patent electronic application business, it is not necessary to sign a user agreement with China National Intellectual Property Administration separately. Article 3 Where there are more than two applicants and no patent agency has been entrusted, the applicant who submitted the electronic application shall be the representative. Article 4 Applications for patents for inventions, utility models and designs may be filed in the form of electronic documents. An application for a patent that has entered the national phase in China according to the second paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law may be submitted in the form of an electronic document. These Provisions shall not apply to those who file an international patent application with China National Intellectual Property Administration in accordance with the first paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law. Article 5 Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, an application for a patent shall be filed in writing. 00 After the applicant filed a patent application in the form of an electronic document, if China National Intellectual Property Administration thinks that the patent application needs to be kept confidential, it shall turn the patent application into a paper form to continue the examination, and notify the applicant. The applicant shall submit various documents in paper form in the follow-up procedure. Where the applicant applies for a patent directly to a foreign country or submits an international application for a patent to the relevant foreign institutions in accordance with Item (1) of Paragraph 2 of Article 8 of the Detailed Rules for the Implementation of the Patent Law, the applicant's request for confidentiality review and technical proposal to China National Intellectual Property Administration shall be made in paper form. Article 6 The submission of electronic patent applications and related documents shall comply with the prescribed file formats, data standards, operation specifications and transmission methods. If the electronic patent application and related documents are not normally received by China National Intellectual Property Administration Electronic Patent Application System, it will be deemed as not submitted. Article 7 The applicant shall submit the relevant documents in the form of electronic documents when going through all the formalities of patent electronic application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in paper form. Do not conform to the provisions of this paragraph, as did not submit the relevant documents. After filing a patent application in paper form and being accepted, the applicant may request that the paper application be converted into an electronic patent application, except for patent applications involving national security or vital interests that need to be kept confidential. Under special circumstances, if it is necessary to convert an electronic patent application into a paper application, it shall be requested by the applicant, and can be converted into a paper application with the approval of China National Intellectual Property Administration. Article 8 When an applicant goes through all the formalities of applying for an electronic patent, he may submit the original electronic scanned copy of the relevant documents that should be submitted in the form of originals as stipulated in the Patent Law and its detailed rules for implementation or the patent examination guidelines. When China National Intellectual Property Administration deems it necessary, it may require the applicant to submit the original within a specified time limit. Where the applicant requests to reduce or postpone the payment of various fees stipulated in the detailed rules for the implementation of the Patent Law when filing an electronic patent application and needs to submit relevant supporting documents, it shall submit an electronic scanned copy of the original supporting documents when filing a patent application. Failure to submit electronic scanning documents shall be deemed as failure to submit relevant supporting documents. Article 9 All documents submitted to China National Intellectual Property Administration in the form of electronic documents shall be submitted on the day when the electronic patent application system of China National Intellectual Property Administration receives the electronic documents. For electronic patent applications, all kinds of notices, decisions or other documents sent by China National Intellectual Property Administration to the applicant in the form of electronic documents shall be presumed as the date of receipt of the documents 15 days after the date of issuance of the documents. Article 10 The provisions on patent applications and related documents in the Patent Law, its detailed rules for implementation and the patent examination guide are applicable to patent applications in electronic form, except for those submitted in paper form. Eleventh these Provisions shall be interpreted by China National Intellectual Property Administration. Article 12 These Provisions shall come into force as of 20 10 10 1. On February 12, 2004, the Provisions on Electronic Patent Application issued by Decree No.35 of China National Intellectual Property Administration was abolished at the same time. Editing the general steps of applying for a patent in this paragraph 00 Overview 00 Applying for a patent is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and stably and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor has established an agency relationship with the patent agent, the patent agent is your technical consultant and patent lawyer. Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time. After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent; Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation. If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate to the patent agent, and the patent agent can complete the whole process of patent application for you according to the inventor's invention intention until the patent right is obtained. 00 Procedures for Entrusting a Patent Agency to Apply for a Patent 00 Entrusting a Patent Agency to apply for a patent generally goes through the following steps 00 1. Consultation: 00 1. Determine whether the invention content belongs to the patentable content; For this consultation, it is recommended to consult several companies and compare them to determine the correct conclusion. Because at present, many information receptionists take commission, sometimes there will be inappropriate reply to the consultation for the business volume. 002. Determine what kind of patent (invention, utility model, design) can be applied for for the content of the invention and creation 002. Sign the agency agreement 00. The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the content of the applicant's invention and creation confidential. 00 three. Technical disclosure 00 1. The applicant provides the patent agent with background information about the invention or creation or entrusts the retrieval of relevant contents; 002. The applicant introduced the invention in detail to help the patent agent fully understand the invention. 00 four. On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and will advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant. If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant. 5. Prepare the application document 00 1. Writing patent application documents; 002, making application documents; 003. Submit a patent application and obtain a patent application number. 00 six. The Chinese Patent Office examines the patent application documents. In the process of examination, the patent agent will make patent corrections, reply and change. When necessary, the applicant shall cooperate with the patent agent to complete the above work. 7. Examination conclusion 00 China Patent Office will authorize or reject the examination conclusion according to the examination situation. This process usually takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent. 00 eight. Request for patent registration or reexamination: 00 If the patent application is authorized, it shall go through the registration formalities according to the requirements of the patent authorization notice and obtain the patent certificate. If the patent application is rejected, it is determined whether to file a reexamination request according to the specific circumstances. 00, the patent application process is over. There are three types of patents stipulated in China's patent law: invention patents, utility model patents and design patents. An invention refers to a new technical scheme proposed for a product, method or its improvement. Method invention divided into product invention and technical scheme. Product invention refers to all inventions that appear in tangible form, that is, using objects to express their inventions, such as machines, equipment, instruments, supplies, etc. Method invention refers to the invention that the technical scheme provided by the inventor is aimed at a certain substance to produce new technical effects. Methods The technical scheme of the invention was expressed by operation mode and technological process. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The utility model patent only protects products with certain shapes, and products and methods without fixed shapes and designs featuring simple plane patterns are not protected here. Because utility model patents and applications have the characteristics of no substantive examination, short approval period and low cost, the number of applications for this type of patents accounts for 2/3 of the total number of patent applications. 00 Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, that is, the style of the product based on the shape, pattern or their combination and the combination of color, shape and pattern of the product. It also includes designs featuring simple plane patterns. Edit how to apply for a patent for an invention patent in this paragraph. The application documents shall include: the request for a patent for invention, the specification (if the specification has attached drawings, it shall be submitted), the patent claim, and the abstract (if necessary, it shall have attached drawings) in duplicate. 00 For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate. To apply for a patent for design, the application documents shall include: a request for a patent for design, a picture or a photograph in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate. 00 can ask the agency for help! 00, you can go to the Beijing Intellectual Property Office in person, you can download the form in official website or get it from the Intellectual Property Office. It is suggested that a patent agency be invited to help. It should be noted that patent agents need special qualifications. This qualification is different from that of lawyers and trademark agents. At present, a large number of "intellectual property agency companies" or "law firms" that do not have patent agency qualifications conceal the fact that they do not have patent agency qualifications, and it is difficult to succeed in representing patent affairs. Why should I apply for a patent to edit this paragraph? On the one hand, it is to protect the exclusive right of invention and creation, respect the labor paid by inventors and designers, on the other hand, it is to promote the application of invention and creation and promote the development of science and technology and economy. As an intangible asset, patent right has commodity value and can enter the exchange field, which requires a legal system-patent law to protect this invention and its value. This section of the patent application procedure is used to edit the patent application procedure.
00( 1) Acceptance Stage 00 The Patent Office will review the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the patent application category is unclear or uncertain, and the patent application sent directly by foreign units and individuals without foreign-related patent agencies will not be accepted. 00 (II) Preliminary examination stage 00 If the accepted patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization instruction. 00 (III) Publication Stage 00 The application for a patent for invention enters the publication stage from the issuance of the notice of preliminary examination. If the applicant does not make a request for publicity in advance, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection. 00(4) Substantive examination stage 00 After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant fails to make a request for real trial since the date of application, or the request for real trial has not taken effect, the application shall be deemed to have been withdrawn. In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application. 00 substantive examination found no reason for rejection, and will enter the authorization procedure as required. 00(5) Authorization Stage 00 The application for a patent for utility model and design has been preliminarily examined. If the application for a patent for invention has not found any reasons for rejection after substantive examination, the examiner will issue a notice of authorization and apply for authorization registration preparation. The Patent Office examines the legal effect and completeness of the authorized text, proofreads and modifies the description items of the patent application, and then issues a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right. 00(6) Examination Stage 00 Patent examination procedure is a remedy for the applicant when the patent application is rejected. According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Cases requesting re-examination include cases requesting patent re-examination because they refuse to accept the decision to reject the patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection. 00(7) Patent Invalidation 00 Among the patent applications and patent applications of enterprises, patent invalidation is one of the most widely used patent provisions of enterprises and units (it should be second only to patent applications). Patent invalidation has become a necessary means and skill in patent litigation. The legal consequence of invalid patent right is that the invalid patent right is regarded as nonexistent from the beginning. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right was declared invalid, the decisions on the handling of patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patentee or patent assignor fails to return the patent royalty or patent assignment fee to the licensee or patent assignee in accordance with the above provisions, which obviously violates the principle of fairness, the patentee or patent assignor shall return all or part of the patent royalty or patent assignment fee to the licensee or patent assignee. It can be seen that the legal consequences of declaring a patent invalid are quite serious. For patent applicants, it is necessary to do a good job in the preliminary work of patent application, such as patent literature inquiry, novelty retrieval, market research and so on. Editor's Note: Analysis of Enterprise Patent Application Strategy in this paragraph 00 Research on Patent Application Strategy of Foreign Enterprises The enterprise patent application strategy is an intellectual property protection strategy that enterprises carry out before putting into production in order to realize their strategic goals and innovative achievements. It is the first problem to be solved in the enterprise patent strategy, and it is also an important part of the enterprise intellectual property strategy, mainly including whether to apply, how to apply, when to apply, and who to apply to.