1. Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are subject to preliminary examination before they are authorized to be announced.
(1) A patent for invention shall submit a request, specification, abstract of specification and claim, and the specification shall be attached when necessary.
(2) The patent for utility model shall submit the request, the patent claim, the specification, the appended drawings of the specification, the abstract of the specification and the appended drawings of the abstract.
(3) A patent for design shall submit a request, a design picture or a photograph. The patent for utility model and design takes about 8- 12 months. After the formal examination and approval, the authorization notice will be issued and the license will be obtained. After paying the license fee, you can get the patent certificate in about 2-3 months. The specific time depends on the speed of the examiner's examination, the degree of detail of the applicant's public information and the provision of drawings.
2. The preparatory work that the applicant needs to do before applying.
(1) Learn about relevant laws and regulations in detail and be familiar with all application processes.
(2) Understand the existing level in the technical field, search domestic and foreign patents, and analyze the feasibility of your invention.
(3) do a good job of confidentiality.
What should individuals pay attention to when applying for a patent?
1. The documents to be submitted when applying for a patent include (the documents must refer to the unified format stipulated by the Patent Office):
(1) The documents required to apply for a patent for invention include: the request for a patent for invention, the specification, the patent claim and the abstract of the specification. Where there are drawings, the description and abstract drawings can be submitted at the same time. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
(2) The documents required to apply for a patent for utility model include: the request for a patent for utility model, the specification, the claims, the abstract of the specification, the appended drawings of the specification and the appended drawings of the abstract. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
(3) The documents required to apply for a patent for design include: two requests for patent for design, two design drawings or photos, two drawings or photos for color and black-and-white color protection, two brief descriptions of design, and two requests for deferred payment of various patent fees.
legal ground
Article 22 of the Patent Law Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.