1. To apply for a patent, you must first know what kind of patent your application belongs to. There are three kinds of patents: invention, utility model and design.
2. After determining the type of patent application, you can apply for a patent in the following two ways:
(1) Prepare the application documents and apply directly to the China National Intellectual Property Administration Patent Office and pay the application fee;
(2) If you are not familiar with the application documents, you can find a local patent agency to represent you, and they will handle it for you, saving you a lot of troubles. However, they have to charge a corresponding agency fee.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right 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.