The patent application should be planned, and it needs to be searched before filing, so as to facilitate writing and authorization. Patent application documents are legal documents, and the original submitted documents are very important, which are the basis for revision in the process of replying to the examination opinions (sometimes reexamination and invalidation). To write a good specification and claim, you need to be familiar with the patent law, the detailed rules for the implementation of the patent law and the examination guide, be clear about legal issues, and have experience in answering examination opinions. The experience of invalid review is also very helpful for writing.
Let me briefly introduce the related matters of patent application:
1. Patent types are divided into three categories: invention, utility model and design.
II. Appearance design
A new design that is aesthetically pleasing and suitable for industrial application is proposed for the shape, pattern or combination of products, or the combination of color and shape and pattern
1. It protects the macroscopic shape, pattern and color of products that can be seen by eyes.
2. Procedure: After submitting the application documents, the Patent Office will issue an acceptance notice (which can be accepted on the same day), and then the Patent Office will conduct a preliminary examination. If it is qualified, the Patent Office will issue an authorization notice, and then the patent certificate will be obtained in about one year, and the protection period will be 1 years, counting from the application date.
3. After authorization, the patentee has the following rights: exploit the patent by himself, license others to exploit it, transfer the patent, and stop others' infringement
4. Fees: application fee of 5 yuan for the company, certificate fee of 25 yuan after authorization, and annual fee of 1-3,6 yuan for the current year; 4-5，9； 6-8，12； 9-1，2。
an individual application: the application fee is RMB certificate fee of 25 in 75 yuan, and the annual fee for the first three years from the authorized year is only 15%.
5. Whether a patent is authorized or not shall be examined by the examiner according to the Patent Law, detailed rules and examination guidelines, and it needs to be patented, that is, it does not belong to the existing design; No other unit or individual filed an application with the Patent Office for the same design before the application date, and it was recorded in the patent documents announced after the application date; Compared with the existing design or the combination of existing designs, it has obvious differences. Authorized designs shall not conflict with prior rights.
6. Materials to be provided by customers:
1) Design pictures or photos;
2) information of the applicant and inventor, the inventor's name and ID number, the applicant's name, address, postcode, ID number or institution code.
3) Power of Attorney
4) Proof of priority (if foreign priority is required), it is not necessary to sign an entrustment contract
5) Agency fee
6) 5 to 8, depending on the difficulty.
7) Proof of fee reduction (only applicable to the company's request for fee reduction)
III. Utility model
A new practical technical scheme for the shape, structure or combination of products
1. It protects the macroscopic shape and structure of products that can be seen by the eyes.
2. Procedure: After submitting the application documents, the Patent Office will issue an acceptance notice (which can be accepted on the same day), and then the Patent Office will conduct a preliminary examination. If it is qualified, the Patent Office will issue an authorization notice, and then the patent certificate will be obtained in about one year, and the protection period will be 1 years, counting from the application date.
3. After authorization, the patentee has the following rights: exploit the patent by himself, license others to exploit it, transfer the patent, and stop others' infringement
4. Fees: application fee of 5 yuan for the company, certificate fee of 25 yuan after authorization, and annual fee of 1-3,6 yuan for the current year; 4-5，9； 6-8，12； 9-1，2。
an individual application: the application fee is RMB certificate fee of 25 in 75 yuan, and the annual fee for the first three years from the authorized year is only 15%.
5. Whether a patent is authorized or not should be examined by the examiner in accordance with the Patent Law, detailed rules and examination guidelines, which should be patentable, that is, novel, creative and practical.
Novelty is different from the prior art, creativity has substantial characteristics and progress compared with the prior art or their combination, and practicality can be applied and has positive effects.
6. Materials to be provided by customers:
1) Technical disclosure;
2) information of the applicant and inventor, the inventor's name and ID number, the applicant's name, address, postcode, ID number or institution code.
3) Power of Attorney
4) Proof of priority (if foreign priority is required). It is not necessary to sign an entrustment contract
5) Agency fee
6) 1, to 1,5, depending on the difficulty of the technical scheme.
7) Proof of fee reduction (only applicable to the company's request for fee reduction)
IV. Invention
A new technical scheme proposed for a product or method and its improvement
1. The product or method is protected, and the method can only be patented for invention.
2. Procedure: After submitting the application documents, the Patent Office will issue an acceptance notice (which can be accepted on the same day), and then the Patent Office will conduct a preliminary examination. After passing the preliminary examination, the examiner will conduct a substantive examination, and the qualified Patent Office will issue an authorization notice, and then the patent certificate will be obtained in about 2 years. The protection period is 2 years, counting from the application date.
3. After authorization, the patentee has the following rights: to exploit the patent by himself, to license others to exploit it, to transfer the patent, and to stop others' infringement
4. Fees: to apply in a company: the application fee is 95, the examination fee is 2,5, the certificate fee after authorization is 255 yuan, and the annual fee for the current year is 1-3 years, 9 yuan; 4-6 years, 12; 7-9 years, 2; 1-12 years, 4; 13-15 years, 6; 16-2 years, 8,.
The company submitted the request for fee reduction issued by the local intellectual property office to prove that it can handle fee reduction, application fee, examination fee and review fee, and authorized the annual fee for the first three years from the current year.
For an individual application, the application fee is 185 yuan; Examination fee: 375 certificate fee is 255, and the annual fee for the first three years from the authorized year is only 15%.
5. Whether a patent is authorized or not should be examined by the examiner in accordance with the Patent Law, detailed rules and examination guidelines, which should be patentable, that is, novel, creative and practical.
Novelty is not the same as that of the prior art, creativity has outstanding substantive characteristics and remarkable progress compared with the prior art or their combination, and practicality can be applied and has positive effects.
6. Materials to be provided by customers:
1) Technical disclosure;
2) information of the applicant and inventor, the inventor's name and ID number, the applicant's name, address, postcode, ID number or institution code.
3) Power of Attorney
4) Proof of priority (if foreign priority is required). It is not necessary to sign an entrustment contract
5) Agency fee
6) 3, to 4,, depending on the difficulty of the technical scheme.
7) fee reduction certificate (only applicable to the company's request for fee reduction)