How to apply for a patent

Legal analysis: 1. Submission stage. When all the materials are ready, go to the patent office to submit a request for a patent for design; You can also entrust a professional organization to help submit the request.

2. Acceptance stage. Under normal circumstances, after submitting the request, the Patent Office will issue a patent acceptance notice in about 1-2 days, and when the Patent Office issues an acceptance notice, it has already issued an acceptance number, which is the future patent number.

3. Inspection stage. The patent office will begin to check the request and check the novelty of the design patent.

4. Authorization stage. After the preliminary inspection finds no problems, the Patent Office will issue a power of attorney. Patents enter the next notification stage after paying the licensing fee (the licensing fee is generally 295 yuan, which will be higher if there is no reduction, which will cost more than 800 yuan).

5. Certificate preparation stage. After paying the fee, the patent office will organize typesetting and printing, make certificates and mail them. At this moment, the appearance technology patent will officially enjoy the patent right, and the patented product symbol can be marked on the product (when marking the patented product, remember to mark it according to the relevant specifications, and remember that the relevant part will be fined.

6. Maintenance phase. Follow-up needs to pay an annual fee to keep the patent valid. The general period is 10 year. If you pay an annual fee, 90 yuan will be more and more expensive in the first three years. It is necessary to judge whether the demand will continue to be updated according to the shopping cycle of this product. If there is no shopping cycle, there is no renewal.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. 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.