Article 77 of the Detailed Rules for the Implementation of the Patent Law: If the entity granted the patent right has not agreed with its inventor or designer or the way and amount of the award stipulated in Article 16 of the Patent Law has not been agreed in its rules and regulations formulated according to law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right.
The bonus for an invention patent is at least 3,000 yuan; The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan. After the patent for utility model is granted, the first inventor will be awarded 1000 yuan.
Extended data:
Steps to apply for a patent:
There are three kinds of patents: invention patents, actual appearance patents and utility model patents. Among them, utility model patent refers to the technical scheme of changing the appearance and shape of things, and this change has practical use. Because utility model patents have great use value in real life, people attach great importance to them. Utility models are also called "small inventions" and "small patents".
Because of the shape requirement of utility model patent, those things without shape cannot be the object of utility model patent.
When an actor applies for a patent for his own utility model, he needs to go through the following stages:
(1) application. Where an actor applies for a patent for utility model, he shall submit the corresponding application, utility model specification, attached drawings and abstract of the specification. If the parties feel troublesome, they can find the corresponding specialized agencies and entrust them to handle it.
(2) review. The examination of patent applications is usually conducted by the Patent Examination Board. The review conducted by the review committee is a preliminary review, which mainly examines whether the applicant's application materials conform to the format prescribed by law. If it does not meet the requirements, the applicant shall be required to make corrections within a certain period of time. If no correction is made within the time limit, the review committee will not pass it.
(3) authorization. After the materials submitted by the applicant have passed the preliminary examination by the Audit Committee, the Audit Committee will send a notice of authorization to the applicant. After receiving the authorization notice, the applicant needs to register the utility model patent in time and pay a certain fee after registration. These fees are used for announcement and patent registration fees. After paying the fee, the applicant will obtain the utility model patent certificate in about 2 to 3 months.
The utility model patent and invention-creation are different, the main difference lies in:
(a), the utility model is to change the appearance and shape of something, this change has a practical technical scheme, did not say that it must be a product.
(2) The utility model requires relatively high practicality, but in terms of creativity, the specific requirements are not as high as that of invention and creation.
To apply for a patent for utility model, the materials submitted must be written materials, and the electronic version and other materials that do not meet the requirements cannot pass the examination.
Baidu Encyclopedia-Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Baidu encyclopedia-utility model patent
Baidu Encyclopedia-Patent Law