How to apply for a trademark patent? Generally speaking, when a company or individual invents a unique invention, they usually apply for a patent in their own country to protect their unique right to use and ownership of the invention. So how do they apply for trademark patents?
How to apply for a trademark patent 1 how to apply for a trademark patent
Patent application is to hold the relevant documents of patent application and go directly to the reception office in China National Intellectual Property Administration or its subordinate reception offices. If these places are far away from their place of residence, you can also sort out all the materials needed to apply for a patent by mail and send them to China National Intellectual Property Administration for processing.
1. To write the patent application materials, the patent applicant can fill them out by himself or entrust the relevant patent agency to help him write them, but the contents must be clearly written.
2. Acceptance of patents. China National Intellectual Property Administration will conduct preliminary screening after receiving the application materials of patent applicants. For those who meet the application conditions, it will determine the specific application date, and then issue the applicant's application number and the applicant's acceptance letter on the patent application.
3. If the application materials are directly submitted by me to the relevant handling offices, the applicant may, after obtaining the acceptance notice and the patent application payment form, postpone the application for two months from the date of application and must pay the application fee within two months.
4. Then it will enter the process of applying for approval.
5. At this time, the relevant examination departments in China National Intellectual Property Administration will put forward various questions to the applicant according to the submitted materials and the relevant contents of the patent application. The applicant should classify the questions and answer them one by one, reply to the examiner's opinions on the patent, and modify or reissue the application. If the applicant disagrees with the examiner's review opinions, he may ask questions and state his opinions and reasons.
6. Go through the patent application formalities. When the applicant needs to go through the relevant registration formalities after receiving the authorization notice, he should go through the relevant registration formalities and pay the fee in accordance with the relevant regulations and requirements within two months, and must go through the registration formalities and pay the fee within the prescribed time limit.
According to the relevant regulations and procedures, the Patent Office will grant the applicant a patent right, issue a patent certificate, fill in the patent in the patent system, and publish it in the patent bulletin, and the patent right will take effect from the date of announcement.
7. To apply, you need to go through the relevant registration procedures. Other patent application materials and any documents need not be submitted when going through the relevant registration procedures. The applicant only needs to pay the relevant fees for patent registration in time within the specified time.
How to apply for a trademark patent 2 In China, there are three kinds of patent applications: appearance patent application, utility model patent application and invention patent application.
Application for patent for design
(1) To apply for a design patent, you need to prepare the six-sided appearance view of the product, fill in the application for a design patent together with a brief description of the design, and submit the application documents to the State Patent Office.
After submitting the application, you can get the patent acceptance notice in about a week; In about 3-5 months, the Patent Office will issue a notice of granting the design patent right and a notice of handling the registration formalities; After paying the patent registration fee and annual fee, the license can be issued in about two months.
(2) Applications for utility model patents and invention patents
Both utility model patents and invention patents need to write patent specifications and submit them to the State Patent Office together with the patent application. As the Patent Law stipulates that the invention patent will only undergo substantive examination after the patent specification of the application is made public, the purpose of submitting an early public statement is to enter the substantive examination as soon as possible, thus shortening the period of patent application.
Therefore, the invention patent also needs to submit two documents: the request for prior public statement and the request for substantive examination.
1. After the application for a patent for utility model is submitted, you can get the patent acceptance notice in about one week; About half a year later, the Patent Office issued a notice of granting the patent right of utility model and a notice of handling the registration formalities; After paying the patent registration fee and annual fee, the license can be issued in about two months.
2. After submitting an application for a patent for invention, you can get a patent acceptance notice in about a week;
After the application is submitted, the preliminary examination stage will be carried out. If it is qualified, the specification of the applied patent will be disclosed in advance according to the public statement, that is, it will enter the substantive examination stage; Those who pass the actual examination shall be issued a Notice of Granting Invention Patent Right and a Notice of Handling Registration Procedures. After timely payment, it will take about two months to issue the certificate. The application process of invention patent takes about three years.
Individuals who apply for the above three kinds of patents (only individuals in Chinese mainland) may submit an application for fee reduction and exemption together, requesting to reduce the application fee and the annual fee for the first three years.
As the creator of the job work, an individual has no right to inform others of the core technology of the invention without the consent of the employer after completing the invention, and he has no right to make illegal profits by using the job work himself. These problems should be clearly written in the contract.
How to apply for a trademark patent 3 I. The difference between a registered trademark and a patent right
(A) different modes of production
Trademark right is the exclusive right given by national laws to trademark owners to protect their registered trademarks.
Patent right is the exclusive right granted by the state patent office to the patent applicant and his successor to exploit his invention and creation within a certain period of time.
(B) the content of rights is different
The contents of trademark rights mainly include the exclusive right to use a registered trademark, the right to prohibit, the right to license and the right to transfer.
The content of patent right is divided into the rights of patentee and the obligations of patentee. The patentee's rights include the exclusive right to exploit, transfer, license, mark, request for protection, waiver and pledge. The obligations of the patentee include the obligation to pay the annual fee according to the regulations and the obligation not to abuse the patent right.
(C) the object of rights is different
The object of trademark right is a registered trademark protected according to law. The object of patent right is the invention and creation that should be granted patent right according to law.
According to Article 2 of China's Patent Law, the objects of the patent law include inventions, utility models and designs.
Different approval procedures.
The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration announcement.
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not carry out early publication and substantive examination in the examination and approval, but only has three stages: acceptance, preliminary examination and authorization.
(5) The validity period is different.
According to the Trademark Law, a registered trademark is valid for ten years, counting from the date of approval of registration. The registration can be renewed upon expiration, and no system can repeat the application. The validity period of each renewal registration is 10 year.
Second, is trademark right an intellectual property right?
Trademarks belong to intellectual property rights.
Trademarks are used by producers and operators of commodities in their production, manufacturing, processing, selection and distribution of commodities or services provided by service providers to distinguish the sources of commodities or services.
Characters, graphics, letters, numbers, three-dimensional signs, sounds and colors, or the combination of the above elements, as well as signs with distinctive features, including characters, graphics, letters, numbers, three-dimensional signs and colors, and the combination of the above elements, can all apply for registration as trademarks.
A trademark approved for registration by the state is a "registered trademark" and is protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or license others to use them for compensation.
Three. What is intellectual property?
Intellectual property rights refer to "the exclusive rights enjoyed by the obligee to the intellectual labor results created by him", which are generally valid only for a limited time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization.
The main categories are: patent right, trademark right, copyright (copyright) and so on.