I. Product Invention
(including material invention) is a technical scheme of various new products, materials and substances developed by people through research. A product in the patent law can be an independent and complete product or a part of a device or instrument. Its main contents include: finished products, such as machines, equipment and various supplies and materials, such as chemicals, composites and other products with new uses.
Second, the method invention
It refers to the operating methods, manufacturing methods, technological processes and other technical solutions developed by people to manufacture products or solve a technical problem. A method can be a complete process consisting of a series of steps or a single step, which mainly includes: a manufacturing method, that is, a method for manufacturing a specific product; And other methods, such as measurement method, analysis method, communication method, etc. ; The new use of the product.
First, the application documents should be submitted to China National Intellectual Property Administration. A patent for invention shall include a request, a patent claim and a specification, a patent for utility model shall submit a request, a patent claim, a specification and its drawings, and a patent for design shall submit a request, a brief description, a product photo or a picture.
After the application is accepted, the examination fee shall be paid. If no reason for rejection is found after preliminary examination, a notice of granting a patent right for utility model and design shall be issued, and a patent certificate shall be issued after the applicant pays the annual fee and other fees.
After an application for a patent for invention is accepted, it can be published in advance or on time after passing the preliminary examination, and then it can apply for substantive examination or request an early examination within three years from the date of application. If there is no reason for rejection after substantive examination, a notice of granting the patent right will be issued, and after paying the necessary fees, the Intellectual Property Office will issue an authorization announcement and issue a patent certificate.
Three. Requirements for patent application:
1. The application documents shall be complete: request, specification, claim, abstract, picture or photograph;
2. Inventions (achievements) should have "three characteristics" (novelty, creativity and practicality). The specific requirements are mainly that others have not applied and the achievements have not been made public (disclosed at international exhibitions, academic conferences and technical conferences, except for disclosure without the consent of the inventors);
3. The national patent examination system is: the invention patent application is made public at an early stage, and the system of requesting examination (substantive examination) is adopted; Formal examination of utility model patents and design patents. (The so-called formal review is also called registration system or non-review system. The main contents of the review are whether the application documents meet the requirements and whether the invention is repeated. After publication in the Gazette, if there is no objection within the time limit, it will be authorized)
After everything is ready, it can be accepted on the same day and protected by law on the same day.
The above is related to the national invention patent application. If you have any other questions, you can consult Intellectual Property for a detailed understanding.
What materials should I prepare to apply for a patent?