The patent law requires lower creativity and technical level of utility model than invention patent, but it has great practical value. In this sense, utility models are sometimes called small inventions or small patents. Intellectual property rights only protect patents for a certain year. If you want to continue to enjoy the corresponding benefits brought by the patent, you should continue to pay the fee when the time limit expires. The term of patent right for utility model is 10 year, counting from the date of application. The termination of patent rights can be divided into:
1. Expiration and termination: the patent right of utility model shall be maintained for 10 years from the date of application, and shall be terminated according to law;
2. Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year.
The product shape mentioned in the utility model patent refers to the definite spatial shape that can be observed. Gaseous, liquid, powdery, granular substances or materials, which have no definite shape, cannot be used as the shape characteristics of utility model products.
The utility model patent refers to the product structure, which refers to the arrangement, organization and relationship of the various components of the product.
1. The utility model patent only protects the product, which should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents.
2. The creativity of the utility model is not too high, but it is practical and has great practical value.
3. In the examination and approval of patent rights, we should simplify the examination and approval procedures, quickly authorize, shorten the protection period and lower the charging standard.
I. Application stage
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.
Second, the review stage
China implements a preliminary examination system for utility model patent applications. In the process of preliminary examination, the examiner will issue a notice of correction for formal problems in the application documents and a notice of examination opinions for obvious substantive problems, and the applicant will reply to the notice.
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 the Patent Law, and whether these documents conform to the prescribed format and do not conform to the provisions 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.
Third, the authorization stage.
1. authorization: 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 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: Applicants can obtain patent certificates after going through the registration procedures. This period of time is about 2-3 months.
Principles for the preliminary examination of the application for a patent for utility model;
1. sequential review: except in special circumstances, the examiner shall review the application date of the patent application for utility model or the time when the files of the patent application are sent to the examiner, so as to avoid that some files with many defects or difficult review are in the hands of the examiner for a long time, thus ensuring the smooth progress of the patent examination procedure for utility model. The above-mentioned special circumstances refer to the application for a patent for utility model that the applicant submitted an early or delayed examination request to the Patent Office in written form and was approved by the Director of the Patent Office. In this case, the examiner shall file the written document for future reference.
2. The principle of written examination: In the examination procedure, all written documents should be taken as the basis, and the written documents should be included in the case file. Except for obvious errors in words and symbols that do not involve rights as stipulated in the Patent Law, the examiner shall notify the patent applicant to change the page, and store the original documents in the file, which will not be returned to the applicant. An application that requires a meeting or demonstration by a foreign applicant shall be reported to the director of the review department, and the applicant can be notified only after the director agrees; If the applicant needs to provide samples, it shall be approved by the director.
3. Principle of proof: When examining an application for a patent for utility model, the examiner should have sufficient legal basis and support its reasons with facts, instead of just giving a categorical conclusion.
4. Hearing principle: In the examination procedure of utility model patent application, the applicant has the right to state his opinions, requirements and opinions in the statement of opinions. When preparing to reject the patent application, the examiner must inform the applicant in advance of the reasons and the evidence supporting the reasons, and the applicant shall state his opinions on the reasons before issuing the rejection decision. The reasons in the rejection decision shall not include new reasons or new evidence that have not been notified to the applicant.
5. Principle of saving procedures: Examiners should work according to the examination procedures of utility model patent applications, and should close the case with the shortest procedure. When a patent application needs to be rejected, the examiner may not examine the format problem and does not need to ask the applicant to correct its defects, thus saving the time and workload of the examiner and the applicant.