Application process of utility model patent

The application process of utility model patent is as follows:

(1) Apply and submit the application documents. The application documents for utility model shall include the request, specification, drawings of the specification, claims, abstract and drawings of the patent for utility model. 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) waiting for review. 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;

(3) Authorization and issuance of certificates. After passing the preliminary examination, 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 relevant registration procedures. You can get the patent certificate after going through the registration formalities.

What is the liability for patent infringement?

1. If the infringer exploits another person's patent without permission, the benefits obtained by the infringer due to infringement can be regarded as the loss of the patentee and shall bear civil liability for compensation;

2. If the interests of the infringer cannot be determined or no benefits are obtained, the infringer's liability for damages can be determined.

Legal basis:

patent law of the people's republic of china

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.