You can also go online or make an announcement to inform people who are interested in your patent.
Procedures for applying for a patent:
(1) Application for a patent
After an invention is completed, the parties concerned can't naturally obtain a patent right, and only apply to China National Intellectual Property Administration for a patent, which is found to be in compliance with the provisions of the Patent Law after examination by China National Intellectual Property Administration. To apply for a patent, the following documents shall be submitted:
1. Letter of request
A letter of request is a written document that the applicant expresses to China National Intellectual Property Administration his wish to request a patent right. As long as the applicant fills in the "request for a patent for invention" or "request for a patent for utility model" and submits it to China National Intellectual Property Administration, it is considered that he has expressed his desire to request a patent right. The request mainly includes the following contents:
(1) the name of the invention or utility model;
(2) the name and address of the applicant;
(3) the name of the inventor or designer;
(4) patent agencies;
(5) priority requirements;
(6) Signature or seal of the applicant or agency.
the request also includes a list of application documents, a list of additional documents, and other items that need to be noted.
2. Description
Description is a document submitted by the applicant to China National Intellectual Property Administration to disclose his invention or utility model. To obtain a patent right, the applicant shall provide China National Intellectual Property Administration and the public with technical information necessary for understanding and implementing its invention and creation. Its function mainly has the following three aspects: first, the technical scheme of an invention or utility model is clearly and completely disclosed, so that technicians in their technical fields can understand and implement the invention or utility model, thus providing new technical information for the public; Second, the manual provides information about the technical field, background technology and content of the invention-creation, which is the basis of China National Intellectual Property Administration's review work; Third, the specification is the basis of the patent right. After the patent right is granted, especially in the event of a patent dispute, the specification and its drawings can be used to interpret the patent right and determine the scope of protection of the patent right.
The main contents of the description include the following aspects:
(1) The technical field to which the invention or utility model belongs, which refers to the specific technical field to which the invention or utility model directly belongs or directly applies, not the superior or related technical field, nor the invention or utility model itself.
(2) background technology, as far as the applicant knows, indicate the background technologies that are useful for understanding, searching and examining the invention or utility model, and it is best to cite the documents that reflect these background technologies.
(3) the content of the invention or utility model, stating the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and stating the beneficial effects of the invention or utility model in comparison with the existing technology.
(4) Description of drawings. If there are drawings in the specification, a brief description of each drawing shall be given.
(5) Specific mode of implementation, stating in detail what the applicant thinks is the best way to realize his invention or utility model, and if necessary, giving examples, and referring to the attached drawings if any.
article 18 of the detailed rules for the implementation of the patent law also stipulates that an applicant for a patent for invention or utility model shall write a description in the above-mentioned manner and order, and write the title in front of each part, unless the nature of the invention or utility model can be written in other ways or order to save the length of the description and enable others to accurately understand the invention or utility model.
3. drawings in the description
in order to explain the technical content of the invention or utility model, the description may be supplemented by drawings. For the description with drawings, the drawings are one of the important components.
since utility model involves the shape and structure of the product, the description of the application for a patent for utility model must be accompanied by drawings. When necessary, an application for a patent for invention shall also be accompanied by drawings, which shall be attached to the specification.
4. Summary of instructions
Summary is the summary and abstract of instructions, and its function is to enable the public to read short words; You can quickly know the basic content of invention and creation, and then decide whether you need to consult the full text. An abstract shall be submitted when applying for a patent. A summary of the contents disclosed in the description, claims and drawings of an application for a patent for invention or utility model shall be stated, and the technical field to which the invention or utility model belongs shall be stated, clearly reflecting the technical problem to be solved, the main points of the technical scheme to solve the problem and the main uses.
5. Claims
In order to ensure the normal operation of the patent system, on the one hand, it is necessary to provide effective legal protection for patentees, on the other hand, it is necessary to ensure that the public enjoys the freedom to use known technologies. The patent claim is a special legal document stipulated for the above purpose.
the main function of the patent claim is to determine the scope of protection of the patent right. Before granting the patent right, indicate what kind of protection the applicant wants; After the patent right is granted, it shows what kind of protection the state grants to the patentee.
The claim indicates the scope of patent protection with the technical features that constitute the technical scheme of the invention or utility model on the basis of the specification. Claims can be divided into independent claims and dependent claims according to different writing methods.
the independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features for solving the technical problems to be solved by the invention or utility model. The sum of the necessary technical features should be enough to constitute a technical scheme of an invention or utility model, and it is more novel and creative than the existing technical scheme.
the dependent claims shall further define the cited claims with additional technical features. Additional technical features may be technical features that further define the technical features of the cited claims, or may be additional technical features. The technical features contained in the dependent claim include not only the technical features attached to it, but also all the technical features of the claim to which it belongs. Therefore, the scope of protection determined by a dependent claim is smaller than that of the claim to which it belongs.
an invention or utility model should have only one independent claim, which should be written before the subordinate claim. The claims shall be based on the description, and the claims shall be clear and concise.
(II) Priority
The principle of priority originated from the Paris Convention for the Protection of Industrial Property signed in 1883, and its purpose is to facilitate nationals of contracting States to file applications with other contracting States after filing patent or trademark applications in their own countries. The so-called "priority" means that an applicant can apply to other contracting States for protection on the same subject within a certain period of time after filing an application for the first time in one contracting state, and his later application is regarded as being filed on the filing date of the first application in some aspects. In other words, the later application filed by the applicant enjoys priority compared with the application filed by others on the same subject after the date of the first application.
with the development of the patent system, the principle of priority is no longer limited to providing such preferential treatment only to foreign applicants, but is further extended to domestic applicants, that is, applicants who file their first patent application in their own country and then file another application for the same subject in their own country within a certain period of time can also enjoy the priority of the first application.
where an application for a patent for invention or utility model is filed, the priority period is 12 months from the filing date of the first application. The priority period of an application for a patent for design is 6 months from the filing date of the first application.