1. Invention patent: you can apply for an invention patent for a product, a method, or a new technical scheme proposed by improving a product or method;
2. Patent for utility model: you can apply for a patent for utility model for a new technical scheme suitable for practical use according to the shape, structure or combination of products;
3. Design patent: You can apply for a design patent for a new design with aesthetic feeling and suitable for industrial application according to the shape, pattern or their combination and the combination of color, shape and pattern of the product.
Three patent application processes:
(1) An 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 content to be protected.
4) Drawings in the specification: Invention patents often have drawings. If only words can describe the technical scheme clearly and completely, there is no need for drawings.
(2) An application for a patent for utility model
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 summary: 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.
(3) An application for a patent for appearance
1. Patent Application for Appearance Patent Process-Acceptance-Preliminary Examination-Announcement-Authorization
2, the appearance patent documents to be submitted
1) request: including the name of design patent, designer's name, applicant's name, name and address, etc. Design pictures or photos: at least two sets of pictures or photos (front view, back view, top view, bottom view, left view, right view and stereoscopic view if necessary).
2) Brief description of design: A brief description of design shall be submitted when necessary.
Patent application fee
1. Application fee
The application fee shall be paid within two months from the date of application. The fees paid at the same time as the application fee also include the publication and printing fee of the application for a patent for invention and the application surcharge. Where the priority is claimed, the priority claim fee shall be paid at the same time. If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
When the number of pages in the description (including drawings) exceeds 30 pages or the number of claims exceeds 10, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.
The amount of priority claim fee is calculated according to the number of items claiming priority. Failing to pay or pay in full within the prescribed time limit shall be deemed as not claiming priority.
2. Substantive examination fee for an application for a patent for invention
Where an applicant requests substantive examination of an application for a patent for invention, he shall submit a request for substantive examination and pay the substantive examination fee. The time limit for submitting the request for substantive examination and paying the fee for substantive examination is three years from the date of application (if there is a priority requirement, the earliest priority date shall prevail). If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
3. The patent fee decreased
A patent applicant or patentee who meets one of the following conditions may request China National Intellectual Property Administration to reduce or exempt part of the patent fee: a. an individual whose average monthly income in the previous year was less than 3,500 yuan (42,000 yuan per person per year); B enterprises with taxable income of less than 300,000 yuan in the previous year; C institutions, social organizations and non-profit scientific research institutions. Where two or more individuals or units are the same patent applicant or patentee, they shall abide by the provisions of the preceding paragraph respectively.
The patent applicant or patentee may request to reduce the following patent fees: application fee (excluding publication and printing fee and application surcharge), substantive examination fee for an application for a patent for invention, annual fee and reexamination fee for six years from the date of being granted the patent right. If the patent applicant or patentee is a single individual or unit, the above expenses will be reduced by 85%. If two or more individuals or units are * * * the same patent applicant or * * * patentee, 70% of the above fees will be reduced or exempted.
Extended data:
agency fee
Many enterprises and individuals, due to their own time problems and complicated application problems, choose to apply for patents in state-recognized agencies, and there will be some agency service fees. (Different agencies have different agency service fees. )