Matters needing attention in utility model patent application?

The utility model patent is a kind of legal protection for the shape, structure or combination of products. Compared with invention patents, utility model patents have lower creative requirements, but still have certain technical content. When applying for a patent for utility model, we need to pay attention to the following aspects to ensure the effectiveness and operability of the patent.

1. Define the patent type.

Before applying for a patent, you must first make clear what kind of patent your invention belongs to. According to China's patent law, patents are divided into invention patents, utility model patents and design patents. For technological achievements with innovative and practical functions mainly embodied in the shape, structure or combination of products, a patent for utility model shall be applied.

2. Ensure novelty

The utility model patent requires novelty, that is, before the filing date, the same technical scheme has not been made public. Before applying for a patent for utility model, the existing technology should be fully investigated and analyzed to ensure that its technical scheme does not belong to the published technical category. This is very important, otherwise the patent may be rejected or cannot be maintained.

practical

The utility model patent requires practicality, that is, the technical scheme has a clear purpose of use and practical application value. When writing a patent application document, its practicability should be described in detail, including the functions and functions of the product and its advantages over the existing technology.

4. Write clearly the patent application documents

Patent application documents are the key to apply for a patent for utility model, including patent specification, claims, abstract and drawings. Patent application documents should be concise and easy for people to understand. At the same time, we should also pay attention to the following:

Claim (1) is the basis of the scope of patent protection, so it should accurately and clearly reflect the essential features of the technical scheme.

(2) The patent specification shall describe the invention in detail, including the background technology, the composition and implementation of the technical scheme, etc. , if necessary, specific examples can be added to enhance persuasiveness.

(3) The attached drawings shall be clear and standard, which can directly show the structure and assembly relationship of each part of the technical scheme.

5. Choose a professional patent agency

Because patent application involves complex mathematical concepts and legal provisions, it is very important to choose a professional patent agency to apply for utility model patents. Patent agencies can provide professional intellectual property consulting services for applicants, assist in preparing patent application documents, and deal with various problems that may be encountered in the process of patent application.

6. Pay attention to the maintenance and management of utility model patents.

Obtaining utility model patents is not the ultimate goal, but also the maintenance and management of patents. Patent maintenance includes paying annual fees on time, monitoring market competition to prevent infringement, etc. In addition, in the enterprise management strategy, we should consider how to make full use of utility model patents to realize the transformation of technological achievements and the promotion of value.

In short, when applying for a patent for utility model, we should pay attention to defining the patent type, ensuring novelty and practicality, writing clear patent application documents, selecting professional patent agencies, and paying attention to the maintenance and management of patents, so as to ensure the smooth acquisition of utility model patents and maximize their value.