What are the application conditions of utility model patent, how to apply for utility model patent and what is the process?
I. Application conditions for a patent for utility model A. Novelty. It does not belong to the prior art, the patent has never been published and used publicly, and the same utility model patent has never been authorized or applied for. B creativity. It has substantial characteristics and progress. C practicality. The technical scheme can guide the manufacture of practical patented products, and the products can produce positive effects. Second, how to apply for 1 utility model patent? At the application stage, the Patent Office will examine the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted. 2. In the examination stage, the utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application. It mainly examines whether the application for a patent for utility model has the documents stipulated in Article 26 of the Patent Law and other necessary documents. 3. After passing the preliminary examination in the authorization stage, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. Three. The product shape mentioned in the scope utility model patent refers to the definite spatial shape that the product has and can be observed from the outside. Gaseous, liquid, powdery, granular substances or materials, which have no definite shape, cannot be used as the shape characteristics of utility model products. The product structure mentioned in the patent for utility model refers to the arrangement, organization and relationship of various components of the product. 4. Application materials The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. The application documents shall include: the request for the patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings. V. Term of Patent The term of the patent right for utility model is 10 years, counting from the date of application. The termination of the patent right can be divided into: (1) expiration: the patent right of utility model or design shall be maintained for 10 years from the date of application and terminated according to law; (2) Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year.