For the application process of a utility model patent, the application process of a utility model patent is related to the success of the patent application. When applying for a patent again, you need to apply in accordance with the relevant application process and provide relevant patent application materials. I. 1 Application process of utility model patent. The application documents for utility model at the application stage shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted. 2. In the examination stage, China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents. 3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. (2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months. 2. What are the types of patents 1? The invention mentioned in the invention patent law refers to a new technical scheme proposed for a product, method or its improvement. (1) The invention is a technical scheme. The so-called technical scheme refers to the scheme put forward by the inventor to solve a technical problem by using the laws of nature. Therefore, it is not enough to just put forward a topic or a directional idea to solve a topic. A complete and feasible solution to the topic must be put forward. Technical solution is not the same as technology. Although both of them are the results of applying natural laws, creative mental work and adopting necessary material conditions, there are still differences between them. Technology is more specific, which is the result that can be directly applied to industry after practice, but the technical scheme can't reach this level. Of course, "technology" can be patented as an invention, but from the requirements of the patent law, "technical scheme" can already be patented as an invention, that is to say, the invention applying for patent does not necessarily require mature and practical "technology", but it must constitute. (2) Invention is a new technical scheme. The so-called new technical scheme refers to the unprecedented innovation of the technical scheme, which is based on the application date. In other words, before the filing date, no same invention was known to the world and shared by people at home. (3) Inventions can be divided into product inventions, method inventions and product or method improvement inventions. Product invention refers to all kinds of new products manufactured artificially, including articles with certain shapes and structures and substances such as solids, liquids and gases. Natural objects in a completely natural state do not belong to product inventions that have not been artificially processed and manufactured as stipulated in the patent law. The so-called method invention refers to the means and steps adopted to solve a technical problem. Method invention can be mechanical method invention, chemical method invention and biological method invention. An improved invention refers to the improvement of a known product or method, so as to improve the performance of the known product or the effect of the known method and make it acquire new characteristics or features. 2. Utility Model The term utility model as mentioned in the Patent Law refers to a new technical scheme for the shape, structure or combination of products. From this definition, we can see that (1) a utility model patent only protects the product, and the product must have two elements: one is the article; Second, it must go through a certain manufacturing process. (2) The product protected by the utility model must be an entity with definite shape and structure and occupying a certain space. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between the parts that make up the product; Circuit structure refers to the determined connection relationship between components and the microstructure characteristics of products. Uncertain product shape features obtained by placing and stacking, or biological or naturally formed shape features, cannot be used as structural features and shape features of utility model products. (3) The utility model must be a practical technical scheme. The technical scheme proposed by the applicant for the shape, structure or combination of the product must be practical, that is, the product must be able to be manufactured in industry and produce positive effects. (4) The utility model must be a new technical scheme. The so-called "new technical scheme" means that the technical scheme has not been known and used by the public before the filing date, nor has it been publicly disclosed in domestic and foreign publications, nor has it published any previous application with the same content in the China Patent Gazette, and the product has not been publicly sold or used in China. 3. Design is also called industrial design. The term "design" in China's patent law refers to a new technology that is based on the shape, pattern or combination of products and the combination of color and shape and pattern, and has aesthetic feeling and is suitable for industrial application. According to this definition, design must have the following elements: (1) Design must be related to the product. In other words, it must be applied to specific products. (2) It must be the shape and pattern of the product or the design of color, shape and pattern. Modeling refers to the product modeling with three-dimensional space, that is, the decorative modeling of the appearance of products or parts; Pattern refers to various arrangements or combinations of lines designed by various means; Color refers to the color used on the pattern or its combination, which should be understood as a decorative color other than the natural color of the material used to manufacture the product. (3) rich in beauty. All aesthetic designs must be directly visible to the naked eye, because designs that are invisible to the naked eye cannot make people feel beautiful. Whether they are beautiful or not depends on the eyes of consumers. (4) Suitable for industrial application. Suitable for industrial application is the requirement of industrial practicability of design. In other words, a product with a design can be reproduced in large quantities in industry, including through handicrafts.
Legal objectivity:
Article 40 In the Patent Law, if the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement. Article 34 of the Patent Law After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 26 of the Patent Law Where an applicant applies for a patent for invention or utility model, he shall submit a written request, a specification and its abstract, a patent claim and other documents.