The invention can be tangible products, such as medical instruments and electronic components; It can also be intangible products, such as drug formula, gene sequence and compound structural formula; It also includes various methods, such as detection, preparation and planting; Can also be used, mainly refers to the new indications of drugs.
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
The utility model only protects products, which must be tangible products with a certain shape and structure, such as composite layered materials, machinery, household appliances, etc.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
Appearance design can be seen in any industrial products, such as food, medicine, computer, mobile phone, TV, sports equipment, bathroom equipment, jewelry, watches, clothing, shoes and hats, etc.
Some inventions in the compound application have multiple technical features, and you can apply for multiple different types of patents at the same time.
For example, a product with a new structure also contains new compound components, which means that you can apply for invention and utility model patents at the same time. The invention patent protects the structure and components of the product, and the utility model patent protects the structure of the product.
If this product still has a novel and beautiful appearance, you can also consider applying for a design patent at the same time.
Compound application is a strategy for the comprehensive development of inventions, which is not applicable to all patents.
Although this practice will cost the applicant more, it is worth considering from the time and scope of protection.
An application claiming domestic priority means that an applicant in China can file a patent application with the State Patent Office again on the same subject within 1 year after he first filed a patent application in China, during which no one else's first application can compete with the priority.
Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application.
Where the earlier application is an application for a patent for invention, an application for a patent for invention or utility model may be filed on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject.
However, when the latter application is filed, if the subject matter of the earlier application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority: (1) foreign priority or domestic priority has been claimed; (2) The patent right has been granted; (3) It is a divisional application filed in accordance with regulations.
Domestic priority can be exercised at any time within 1 year after the first patent application, just pay the priority claim fee to China National Intellectual Property Administration Patent Office and indicate the required priority information in the application documents.
If the latter application is made at the expiration of 1 February after the first application, the protection period can be extended by nearly1year.
International application According to the Patent Cooperation Treaty (PCT), China applicants can file an international patent application in Chinese in China, and at the same time, they have obtained foreign priority recognized by more than 100 member countries all over the world.
Although PCT can't make the applicant obtain a globally valid patent, this procedure simplifies the procedure for the applicant to apply for a patent abroad, prolongs the time for the application documents to enter other countries, saves the cost, and most importantly, gives the applicant more time to investigate whether the potential international market has the value of applying for a patent.
An international patent application gives the applicant the opportunity to exclusively use, sell or license its patent on a global scale.