Applying for a patent is divided into three types: invention, utility model and design. New
technical solutions proposed for products, methods or improvements can be applied for invention patents; new solutions proposed for the shape, structure or combination of products that are suitable for practical use
Technical solutions can apply for utility model patents; new designs that are aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern
can be applied for Apply for a design patent.
When applying for invention patents and utility model patents, the application documents include: patent request, specification, description drawings, rights
Request, abstract and drawings, each in two copies share.
Writing patent application documents
Applicants usually hire practicing patent attorneys to help with patent applications. After both parties sign an entrustment agreement, the applicant usually provides the documents
Patent disclosure materials, the agent will write documents based on the content of the disclosure materials. Patent application documents include the specification, claims, drawings, abstract, etc. The claims are the legal documents that determine the scope of patent protection, and other documents are important for determining the scope of patent protection. Make a detailed disclosure of the invention and provide literal and substantive support for the scope of protection of the claims.
Search before patent application
Before applying for a patent, it is best to conduct a search to determine which invention content belongs to the "prior art". If the content to be applied for is already recorded in the retrieved patent documents or other public publications, it may affect the prospect of authorization of the application. In addition, even if there is no documentation, if others can determine that it is common knowledge in the field, the patent application will be rejected.
Writing patent application documents
Inventions and utility models: request, description and abstract, claims; inventions may have drawings and utility models as necessary
< The p>type must have drawings; for invention applications involving new biological materials, deposit certificates and survival certificates should be submitted; if nucleic acid or amino acid sequences are involved, the machine-readable text of the sequence listing should be submitted.Appearance design: request letter, pictures or photos; indicate the product using the design and its category; if requesting color protection
submit color pictures or photos; if necessary , write down a brief description of the design; the brief description should indicate the key points of the design, omitted views, colors to be protected, etc.
Submit the patent application documents to the Patent Office
The China Patent Office will review the patent application documents. During the review process, the patent agent will make patent corrections and submit opinions
Presentation, defense, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work.
Patent Office review conclusion
The China Patent Office will make a review conclusion of authorization or rejection based on the review situation. The time of this process is generally: appearance design
It takes about 6 months, utility model takes about 6-8 months, and invention patent takes about one and a half to two years. (After a certain period of time from the date of filing the application), it will be published and temporary protection will be granted; within a certain number of years after the publication (3 years in our country), the applicant will request a patent. If the bureau fails to request substantive examination within the time limit, the application will be deemed to have been withdrawn. )
Go through patent registration procedures or reexamination requests: If the patent application is authorized, go through the registration procedures and receive a patent certificate according to the requirements of the patent authorization notice
If the patent application is rejected, whether to file a reexamination request will be determined based on the specific circumstances. At this point, the patent application process ends.
Appearance patents are the simplest, and can be obtained in 4-5 months. The individual application fee is about 700, all-inclusive; the company application fee is about 1,100
; utility patents take 8 months. It takes about 1,300 years to get a certificate, about 1,300 for an individual application, and about 2,200 for a company; very few people apply for an invention patent, and it costs about 4,000. It takes the longest, 2-3 years, and it is difficult to pass. After obtaining the certificate, there will be an annual fee every year from the second year
once you get the certificate. You can consult the patent agency for details. The above fees include all agency fees, application fees, taxes,
printing fees, first-year annual fees, etc.