Individuals can apply for a patent for invention by preparing application documents, which include a request, an abstract of an instruction, a patent claim, an instruction and drawings. Submit it in the lobby of the patent office or the local patent agent window or by mail. The State Patent Office carries out examination and approval. If you pass, you will pay the application fee.
Legal objectivity:
An invention refers to a new technical scheme proposed for a product, method or its improvement. The application for a patent for invention shall be subject to the system of early publicity and deferred examination, and the protection period shall be twenty years, counting from the date of application. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system. The term of protection is ten years, counting from the date of application. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color, shape and pattern of products. The design patent shall be subject to the preliminary examination system, and the protection period shall be ten years, counting from the date of application. Generally speaking, patented inventions can only be used with the permission of the patent owner (including manufacture, use, sale and import, etc.). ), and the protection of patents is limited by time and region. China's patent law divides patents into three categories, namely invention, utility model and design. 1. Invention Patent The first paragraph of Article 2 of the Detailed Rules for the Implementation of China's Patent Law defines invention as: "Invention refers to a new technical scheme proposed for a product, method or its improvement." The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application. 2. Patent for utility model The definition of utility model in the second paragraph of Article 2 of the Implementation Rules of the Patent Law of China is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions". 3. Patent for Design Article 2, paragraph 3 of the Detailed Rules for the Implementation of the Patent Law of China defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product." Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model. 3. Patent for Design Article 2, paragraph 3 of the Detailed Rules for the Implementation of the Patent Law of China defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product." Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.