1 general principles of patents
1. Request principle: a patent application must be filed before the patent office can accept it;
2. Written principle: All submitted procedures should be handled in written form; And signed or sealed by the applicant; The application documents must refer to the uniform format stipulated by the Patent Office.
(3) Principle of first application: If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
(4) Priority principle: It means that the applicant can enjoy domestic priority if he files a patent application for the same subject with the Patent Office within 12 months from the date when the invention or utility model was first filed in China.
⑤ Principle of uniqueness: It is not allowed to put two different inventions or utility models in the same patent application, nor to put two designs of a product or designs of multiple products in one patent application. However, the following situations can be put forward in a patent application: a. a product and its manufacturing method; B. the product and the mold used to manufacture the product; C. The two products must be matched with each other before use; D several technically related products or a product have different embodiments under the general technical concept.
2. Documents that need to be submitted when applying for a patent (documents must refer to the unified form style stipulated by the Patent Office)
(1) Documents required to apply for a patent for invention: a request for a patent for invention; Description; Claim; Description summary; The drawings can be submitted at the same time as the drawings. 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. Documents required to apply for a patent for utility model: a request for a patent for utility model; Description; Claim; Description summary; Attached drawings of instructions; Abstract attached drawings. 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) Documents required for applying for a patent for design: a request for a patent for design in duplicate; Design drawings or photos in duplicate; Where color protection is required, two drawings or photos in color and black and white shall be submitted; A brief description of the design in duplicate; Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
The above documents must be printed (No.4, No.4 or No.5 in Song Dynasty or imitation Song Dynasty, and the handwriting must be black and clear; The paper is A4 printing paper or copy paper; Center position of the article: leave a margin of 2.5 cm on the top and bottom of the paper, and a margin of 1.5 cm on the left and right), and all of them adopt the table format specified by the Patent Office. Please click here for the form and sample patent application.
3. Writing of patent application documents
Request writing: fill in according to the contents and tips of the form.
B writing instructions: discuss the invention or utility model one by one according to its name, technical field, background technology, purpose of invention and creation, technical scheme, beneficial effects, further explanation with attached drawings and specific implementation methods.
C. Writing of claims: Independent claims and subordinate claims shall be divided according to the specification. Where there are multiple claims, they shall be numbered in Arabic numerals in turn. Generally speaking, the claim of 1 is an independent claim, and the rest are subordinate claims. If the technical features in the independent claim need to be further defined, it is a dependent claim. An independent claim is usually divided into a preamble part and a characteristic part. A. Preface, indicating the name of the subject to be protected and the necessary technical features suitable for the existing technology; In the feature part, "characterized by" or similar terms are used to indicate the unique technical features different from the prior art.. The preface part and the characteristic part together constitute the scope of the patent application.
The writing of dependent claims includes a quoting part and a defining part. A. Citation part: indicate the number of the cited claim and its subject name; B limited part: specify the additional technical features required to be protected.
D. draw the attached drawings of the instruction. The patent for utility model must have attached drawings; Invention patents generally have drawings, but if only words are enough to describe the technical scheme clearly and completely, there may be no drawings.
Attached drawings can take many forms: a. For inventions in the mechanical field, various views can be adopted to reflect the shape and structure of products. B. Inventions and creations in the field of electrical appliances can be circuit diagrams, block diagrams and schematic diagrams; C. For inventions in the chemical field, the chemical structural formula can be taken as the attached figure; For the method invention, the attached drawing may be a process flow chart showing each step of the method. Requirements for the attached drawings: a. The attached drawings shall conform to the national standards for mechanical drawing, that is, they shall be drawn in black ink with drawing tools (or computer drawing), and the lines shall be uniform and clear, and the drawings shall not be colored. There shall be no borders around the drawings, and pencil pens shall not be used for drawing, but the attached drawings need not be marked with scale and size data. B the size and clarity of the attached drawings shall ensure that when the drawings are reduced to 4×6 cm, all the details in the drawings can still be clearly distinguished and meet the requirements of photographic plate making; C multiple drawings of the same patent application can be drawn on the same piece of paper in a special format, numbered in Arabic numerals, and represented by "attached drawings ××××". (4) Where the same patent application has multiple pages of drawings, the page numbers shall be written in Arabic numerals continuously; E. The reference marks used in the same patent application must be consistent, and the marks not mentioned in the specification shall not appear in the drawings; F the appended drawings should have no other comments except necessary words.
E. Writing of the abstract of the specification: A. The abstract shall specify the technical field to which the invention or utility model belongs, the technical problems to be solved, the main technical features and uses. For a product applying for utility model, the characteristics of its shape, structure or combination shall be clearly stated. It should not be written as an advertisement or a simple product function introduction; B. the abstract can be written continuously without a title; C for inventions in the chemical field, the abstract may include an applied chemical formula that best describes the characteristics of the invention. The abstract can also include mathematical formulas or reaction formulas. D the abstract shall not be divided into sections, and the full text shall not exceed 200 words.
F drawing of abstract drawings: if there are drawings in the specification, a drawing that can best explain the technical features from the drawings in the specification shall be submitted as an abstract drawing, and the size and clarity of the drawing shall ensure that all the details in the drawing can be clearly distinguished when the drawing is reduced to 4×6 cm.
4. Writing of application documents for design patent
When applying for a patent for design, you must submit: a request for a patent for design; Design drawings or photos; If necessary, a brief description of the design shall also be submitted.
Design drawings or photos should be drawings or photos of different sides or states of each product. Generally, there should be six views (front view, bottom view, left view, right view, top view and back view), and if necessary, there should also be sectional views, cross-sectional views, service state reference drawings and three-dimensional views.
A. Design drawings or photos A. The size of the drawings shall not be less than 3× 8cm, nor greater than 145× 22cm, and the clarity of the drawings shall ensure that every detail in the drawings can still be clearly distinguished when the drawings are reduced to two thirds. B use black ink and drawing tools to draw, and the lines should be even and clear. Don't draw with pencil, round pen or pen. The lines should be uniform, clear and continuous, suitable for copying requirements. C. Generally, the graphics should be arranged vertically and drawn in proportion to the design size. When a horizontal layout is required, the top half of the drawing should face the left side of the drawing. D There is no center line, dimension line and shadow line in the drawing, and generally there is no dotted line or marked line. There shall be no words, trademarks, service marks, quality marks and portraits of modern people in the graphics. Artistic words can be regarded as patterns. E. it's best to draw several views on a sheet of paper. If it is impossible to draw, it can be multiple pictures, but the page numbers should be numbered in sequence. All directional maps and other kinds of maps should be drawn according to the projection relationship, and the name of the view should be indicated. F. Paper for drawing color pictures should be drawn with thick drawing paper, and then pasted on the document paper of "design drawings or photos" in standard format. G. the size of the photos should be the same as the requirements of the drawings. H photos shall not be folded and pasted on the document paper of "design drawings or photos" according to the view relationship, with at least 2.5cm left and top, and 1.5cm left and bottom.
B. Design brief introduction
Brief description is a brief description and supplement to design drawings or photos. There shall be no commercial propaganda language, nor shall it be used to explain the purpose and performance of the product. The brief explanation should be concise and easy to understand. In any of the following circumstances, it shall be briefly explained:
A. Omit the view: When designing the product to be symmetrical left and right, up and down, front and back, you can omit a view, but you should use language to explain it, such as "The left view and the right view are symmetrical (the same), and the right view is omitted". In addition, the product does not belong to the direction of the creative part, and the view can also be omitted, such as "the bottom of the product does not belong to the creative part, and the bottom view is omitted".
B. highlight the main creative parts. If the design is complicated, the existing design part and innovative part are not easy to be noticed, and the main ideas or design points can be stated to strengthen patent protection. For example, the design of the table lamp, its innovation only involves the lampshade, and other parts are all existing designs, which should be explained.
C. Supplementary contents that are difficult to express in the picture or photo: If the appearance or part of the appearance of the product is made of transparent materials and it is impossible to express "transparency" in the picture, you can draw a marking line on the transparent part of the picture or photo, and mark A and B. In the brief description, A and B are transparent parts.
D. When drawings or photos only show a part of the product: for longer products, such as profiles and I-beams, a length can be drawn, and the total length and aspect ratio of the product can be explained in a brief description. Some textiles, such as carpets, can be omitted, and only local patterns and lines need to be drawn, but their length, width and dimensions should be stated in the brief description.
E when the effect of the designed product is related to the special material manufactured, the material shall be indicated in the brief description.
F. For design products that need color protection, in addition to providing two sets of colors and two sets of black pictures or photos, the color that should be protected for the product should also be explained in a brief description.
G. For newly developed products, especially those not listed in the classification table of design, the use method and purpose of the products shall be clearly stated in the brief description, so as to clarify the protection category and the supplementary classification table of the Patent Office.
5. Slow down the application fee and other expenses.
When submitting the patent application documents, you can submit the "Request for Fee Reduction" together. The request for fee waiver shall state the reasons for the waiver. If an individual applies for reduction or exemption, the annual income should be written. If two people apply together, the annual income of each person should be stated. Indicate all kinds of expenses required to be deferred. There are five kinds of fees that can be reduced or exempted: application fee, examination fee, maintenance fee, reexamination fee and annual fee for the first three years after patent approval. At the same time, it can be proposed to slow down the above five expenses.
6. Submission of patent application documents
Patent application documents can be submitted directly to the Patent Office or registered by post office. Application documents are generally not allowed to be folded, and should be registered and mailed in an envelope that can hold A4 paper. But the best way is to send it by express mail through the post office.