Before applying for a patent, it is necessary to search to find out whether there is the same invention or design before, and to determine whether to apply for a patent.
Consider what kind of patent to apply for (invention, utility model, design).
If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. To apply in the name of the company, you must bring the official seal and provide a list of inventors or designers.
1. When applying for a patent for invention or utility model, the patent agent shall provide technical disclosure. According to the provisions of the Patent Law, the contents of the invention-creation for which a patent is applied shall be written in a complete and detailed specification, and the adequacy of its disclosure shall be subject to the realization of the technical personnel in the technical field according to the specification. And provide the following information:
(1) name;
(2) technical field;
(3) To the best of the applicant's knowledge, state his understanding of the invention or utility model, search and review useful background technologies, and quote documents reflecting these background technologies;
(4) the purpose of the invention or utility model;
(5) stating the technical scheme of the invention or utility model for protection, so that the technical personnel in the technical field can understand it and realize the purpose of the invention or utility model;
(6) Compared with the background technology, the invention or utility model is creative;
(7) Provide attached drawings;
(8) With reference to the attached drawings, describe in detail the best way for the applicant to realize the invention or utility model.
2, apply for a patent for design to provide samples or pictures.
Procedures and time limit for patent application:
1. Apply for a patent for invention or utility model, and submit the request, specification, abstract, patent claim and other documents.
(1) The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
(2) The description shall clearly and completely explain the invention or utility model, and shall be accompanied by drawings when necessary. The technical points of the invention or utility model shall be briefly explained.
(3) The claim shall be based on the specification, indicating the scope of patent protection.
2, apply for a patent for design, submit the request and design pictures or photos and other documents.
3. The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
4. 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 18 months after 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.
5. If the application for a patent for invention is not found to be rejected after substantive examination, it shall be issued with a patent for invention certificate, registered and announced at the same time. The invention patent right shall take effect as of the date of announcement.
6. 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.
7. The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, counting from the date of application.
8. The patentee shall pay the annual fee from the year when the patent right is granted.