1. An application for a patent for utility model is divided into an application stage, an examination stage and an authorization stage, and there is no need for substantive examination, and the application time is about 6 to 8 months;
2. The examination and approval procedures for the application for a patent for utility model are: filing an application-preliminary examination-authorization or rejection;
3. Before authorization, the application for a patent for utility model is generally only subject to formal examination. As for whether the utility model granted the patent right meets the substantive conditions stipulated in the patent law, it is left to the public to review by applying to the Patent Reexamination Board for starting the patent invalidation procedure.
The conditions for applying for a patent for utility model are as follows:
1. The subject of the utility model patent application must be the product. Natural articles made by any method or without artificial means do not belong to the scope of protection of utility model patents;
2. The main body of the application for a patent for utility model must be a new technical scheme to improve the product shape, structure or their combination;
3. The shape of the product refers to the definite spatial shape that the product has and can be observed from the outside. The improvement of product shape can be the improvement of product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be the improvement of the two-dimensional shape of the product, such as the improvement of the cross-sectional shape of the profile;
4. Product structure refers to the arrangement, organization and relationship of each component of the product. The product structure can be either a mechanical structure or a circuit structure. Among them, the mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between the parts that constitute the product; Circuit structure refers to the determined connection relationship between components that make up a product. The composite layer can be considered as the structure of the product, and the carburized layer and oxide layer of the product belong to the composite layer structure.
Legal basis: Article 30 of the Patent Law of People's Republic of China (PRC).
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.