Conditions for granting a patent for utility model:
1. Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed with the patent administration department of the State Council by others and recorded in the patent application documents published after the filing date.
2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress.
3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects.
Materials to be submitted when applying:
The specification shall give a clear and complete description of the utility model, which shall be subject to the realization of the technical personnel in the technical field; When necessary, drawings shall be attached; The description shall specify the name of the utility model, which shall be consistent with the name of the request; The instructions shall include the following contents:
1) technical field: specify the technical field to which the technical scheme to be protected belongs;
(2) Background technology: stating the background technology that is helpful for understanding, searching and examining the invention or utility model; If possible, and cite documents reflecting the background technology;
3) Content of the invention: specify the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model relative to the existing technology;
4) Description of drawings: If there are drawings in the manual, briefly describe the manual;
5) Specific mode: explain in detail the preferred mode of realizing the invention or utility model that the applicant thinks; It is necessary to give examples; If there are drawings, refer to the drawings.
An applicant for a patent for invention or utility model shall write the specification in the above manner and order, and write the title at the front of each part of the specification, unless the nature of the invention or utility model can be written in other manners or order, so as to save the length of the specification and enable others to accurately understand the invention or utility model.
In addition, the specification of the utility model should use standard words and clear sentences, and the "quotation" as stated in the claim shall not be used.
Application process:
1. Application phase
The application documents for utility model shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have a description and drawings. 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. Review stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
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 and other necessary documents stipulated in Article 26 of the Patent Law, and whether these documents conform to the prescribed format, including the following matters:
Whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or obviously does not conform to the provisions of Articles 31, paragraph 1, 33, paragraph 3 of Article 2, paragraph 2 or paragraph 4 of the Patent Law on novelty and practicality; Whether it obviously does not conform to the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law; The Patent Office will notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
3. Authorization stage
(1) Authorization: After the first trial is passed, 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.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Required expenses (official expenses):