Patent application procedure materials
I. Application for a patent for appearance
The term "design" as mentioned in the patent law refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of shape, pattern and color of a product. Design patent focuses on the shape, pattern or the combination of shape, pattern and color of the product, which is the external form of the product directly accepted by consumers.
Steps:
1. Sign the power of attorney and pay the fees as required.
If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. If applying in the name of a company, the power of attorney shall be stamped with the official seal; if applying in the name of an individual, the power of attorney shall be signed and a copy of the ID card shall be attached.
2. Provide a list of inventors or designers (unlimited number), and apply in the name of an individual. The applicant can only provide one person; And determine that appearance name of the application.
3. Attached drawings: (important)
The technical disclosure materials of an application for a patent for design must specify the name of the product using the design, and there must be four sets of photos or pictures. Where the shape is required to be protected, six views (front view, back view, top view, bottom view, left view and right view of the object) and three-dimensional views shall be submitted; Where a pattern is required to be protected, an enlarged drawing and a three-dimensional drawing shall be submitted; Where color protection is needed, color and black-and-white photos or pictures shall be submitted. The size of the graph is between 3× 8cm and15× 22cm. Shadows or dotted lines can't appear on the picture, the picture background can only have one color, and there can't be other items on the picture except the required design. In addition, all views must be front views, whether pictures or photos are submitted.
4. The time to apply for a design patent varies from 4 months to 6 months.
2. Patent for utility model
The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for the shape, structure or combination of products; The utility model patent only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape; The utility model patent protects "small inventions", which are inventions with low technical level and less difficulty, and the utility model patent is more prominent in practicality;
Steps:
1. Sign the power of attorney and pay the fees as required.
If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. If applying in the name of a company, the power of attorney shall be stamped with the official seal; if applying in the name of an individual, the power of attorney shall be signed and a copy of the ID card shall be attached.
2. Provide a list of inventors or designers. Provide a list of inventors or designers (unlimited in number) and apply in one's own name. The applicant can only provide one; And determine the name of the application.
3. When applying for a patent for utility model, the patent agent shall provide technical disclosure, and write a complete and detailed description of the invention-creation for which the patent is applied in accordance with the provisions of the Patent Law. The adequacy of the disclosure shall be subject to the knowledge of technicians in their technical fields.
Three. patent of invention
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement; Invention patents protect all new products and methods, and the protection period of invention patents is 20 years. Invention patents can only be authorized after two stages: preliminary examination and substantive examination, which takes a long time and costs a lot, but the legal status after authorization is relatively stable.
Steps:
1. Sign the power of attorney and pay the fees as required.
If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. If applying in the name of a company, the power of attorney shall be stamped with the official seal; if applying in the name of an individual, the power of attorney shall be signed and a copy of the ID card shall be attached.
(2) provide a list of inventors or designers (the number of inventors or designers is not limited), and the applicant can only provide one in his own name; And determine the name of the application.
3. Invention patents need to provide the same technical data as utility models. However, because it involves the substantive examination of the State Patent Office, inventions have higher requirements for their innovation, novelty and practicality, so they also have higher requirements for the quality of materials to improve the passing rate of examination.
It takes about 2 years for an invention patent to be submitted and authorized.
Why are you looking for an agent?
The process of patent application is a complicated legal process, many of which have strict time requirements, and also have higher requirements on the format and paid labeling of the documents involved. Any mistake may make the patent application fail and cause irreparable losses.
At the same time, the writing of patent application documents is different from pure technical documents, especially the patent claim and specification are the two most important parts in the patent application documents for invention and utility model. Their writing is a legal and technical work, and its writing quality will directly affect whether the invention can be granted patent authorization and the speed of patent application approval in the patent office. The writing of patent claims will also affect the scope of patent protection in the future, which can only be realized in the court.
Therefore, China National Intellectual Property Administration has established a patent agency system, and only those who have passed the national patent agent qualification examination organized by China National Intellectual Property Administration and have been internship in a patent agency for one year can serve as patent agents. Therefore, patent agents generally have comprehensive patent legal knowledge, certain technical knowledge and are familiar with the whole process of patent application. At the same time, the patent agent must work in a patent agency recognized by China National Intellectual Property Administration and obtain an agent's work permit, and the patent agency is responsible to the customer.
Therefore, entrusting Neocon to apply for a patent can improve the quality of patent application documents, speed up the progress of patent examination and approval, better protect inventions and avoid unnecessary losses.
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