First, the principle of patent application
Principles of patent application for inventions and utility models
According to Article 31 of China's Patent Law, "an application for a patent for an invention or utility model shall be limited to one invention or utility model." That is, when applying for a patent for invention or utility model, we must adhere to the principle of one invention (or one utility model) and one patent.
Principles of applying for design patent
According to the provisions of China's patent law, applying for a patent for design should generally follow the principle of one design and one patent.
Second, preparation before applying for a patent
Learn and be familiar with the patent law and its implementation rules, know what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent.
Investigate in detail whether the project to be patented can apply for a patent.
We should seriously consider patent application from the perspective of market economy.
Understand the writing format and requirements of patent application documents, the submission method, cost and brief approval process of patent application.
Other precautions before application.
In order to ensure the novelty of the patent application, the applicant should keep the contents of the application confidential before filing the patent application.
Three. Documents to be submitted when applying for a patent
(1) Documents to be submitted when applying for a patent for invention or utility model
1. Request
(1) the name of the invention or utility model;
(2) People and institutions related to inventions and patent applications;
(3) List of application documents and attachments;
(4) Other matters.
Step 2 explain
First of all, the specification is a technical document, the most important part of the patent application document, and the core document of the patent application; Secondly, the norm is a legal document. In practice, whether the specification is well written will affect whether the patent right can be obtained. Third, the main contents of the description should include the following eight aspects: the name of the invention or utility model, the technical field to which the invention or utility model belongs, the useful background technology, the purpose of the invention or utility model, the content of the invention, the advantages and positive effects of the invention, the relevant drawings and descriptions, the embodiment and the best mode of the invention or utility model.
Step 3 claim
Patent claim is used to determine the scope of patent protection requested by the applicant, that is, to state the technical characteristics of the invention or utility model in a concise way again.
4. Summary
Abstract is a brief description of the instruction content.
(2) Documents to be submitted when applying for a patent for design.
petition
The request is a document that the applicant expresses his wish to grant a patent right to the Patent Office.
Picture or photograph
In order to clearly and accurately show the object to be protected, the applicant can submit pictures or photos from different angles, different sides or different states for each design.
Four. Date of application and priority date
(1) Application Date
After the patent applicant submits the above documents to the Patent Office, it shows that the patent applicant has formally filed a patent application. After receiving the application documents, the Patent Office shall specify the application date, give the application number and notify the applicant.
(2) Priority date
Priority is a right stipulated in the Paris Convention for the Protection of Industrial Property, that is, each contracting state should recognize the priority of the nationals of the other country when applying for industrial property rights such as patents or trademarks. The date of the first application is the priority date.