Patents are generally applied to the patent work department of the provincial government. According to the relevant laws, the patent administration department in the State Council is responsible for the national patent work, and the patent administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the patent management within their respective administrative areas.
Legal basis:
Article 3 of the Patent Law of People's Republic of China (PRC)
The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 4
Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.
Article 5
No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
Where should I apply for a patent?
To apply for a patent, you must apply to the Intellectual Property Office. The cost of patent application is related to the category of patent application, and the cost of each category is different.
Prepare application documents, including the request, specification, claim, specification and drawings of the specification. A patent for design shall contain a request, a picture or photograph and a brief explanation. You can get the corresponding form at the service point of the National Patent Office.
Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee.
In China, there are three kinds of patents: inventions, utility models and designs.
An individual applying for a patent can only obtain a patent certificate by submitting the application materials to the Patent Office, paying the fees and passing the examination.
Second, the individual patent application process
1. First of all, it is necessary to make clear whether the invention it holds is a service invention or a non-service invention: a service invention refers to an invention that the inventor or designer has completed the task assigned by his own unit, or that is mainly obtained by using the material conditions of his own unit. The patent for service invention is applied by the unit, and no individual has the right to apply.
Non-service invention refers to the invention and creation made by employees after completing the work assigned by their units. Non-service inventions can be patented by individuals.
2. Requirements of application documents: To apply for a patent, a request, a specification and its abstract, a patent claim and other documents shall be submitted.
The request shall specify the name of the invention, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention, and the patent claim shall specify the scope of patent protection.
3. Principle of first application: The patent right in China is granted on the principle of first application, that is, when two or more applicants apply for a patent for the same invention respectively, the patent right is granted to the first applicant.
4. Examination and approval of patent application: After receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it is found to be in conformity with the provisions of the Patent Law after preliminary examination.
Where to apply for a patent 2
If you need to apply for a patent, you need to apply to the local intellectual property protection bureau at this time. If you are not free, you can apply for an agent, but the cost is relatively high.
There are two ways to apply for a patent, which you can choose by yourself: one is to apply directly and prepare materials for the relevant examination by yourself, and the other is to entrust an agency to help you apply.
Agency cooperation process:
1. Both parties sign a patent agency agreement;
2. The applicant submits relevant patent technical documents to the agency;
3. Patent agents shall write standardized patent application documents on the above technical documents;
4. The application documents shall be confirmed by the applicant after completion;
5. Patent statements confirmed by both parties;
The above contents are related answers. Patent applications are handled by the local copyright protection center. There are two main ways to apply, one is to apply directly by yourself, and the other is to entrust an agency to apply for help. But in the process of applying for help, the cost is basically doubled.
Where to apply for a patent 3
1. Where can I apply for a personal patent?
Route 1: Applicants apply by themselves (submit application documents to the Patent Office or local agency and pay relevant fees);
Path 2: Entrust a patent agency to apply.
Generally, professional organizations should be entrusted to avoid the reduction of authorization rate or improper protection scope due to insufficient understanding of relevant legal knowledge or related procedures.
China National Intellectual Property Administration is the only institution in China that has the right to accept patent applications. China National Intellectual Property Administration has representative offices in 28 cities across the country, accepting patent application documents and charging various patent fees.
Second, the application documents
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. To apply for different types of patents, you need to prepare different documents.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with the attached drawings of the specification when necessary), the patent claim, the abstract and the attached drawings (with the attached drawings of the specification) in duplicate.
(2) To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(3) Where an application for a design is filed, the application documents shall include: a request for a patent for design, and a picture or photograph in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(4) Where a company applies for a patent, the application documents shall include a copy of the business license of the enterprise as a legal person and the organization code certificate (with official seal) in duplicate, and the inventor's ID number shall also be submitted in duplicate. Address, postal code, telephone number and other means of communication.
(5) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and the address, postal code and telephone number of the application shall also be submitted.
Personal patent applications need to go to special places. What to do when applying for a patent, what are the specific requirements and so on. , can be handled according to law.