How to apply for a patent? What should I pay attention to? What is the specific procedure of application? Most people are a little strange. What is even more puzzling is that many individuals have failed to apply for patents for several years, and some people's patents will be authorized soon. With these questions, the reporter interviewed Beijing Boya Company, which specializes in intellectual property agency affairs such as patent application and trademark registration. As one of the top ten intellectual property agency companies in China, its strength is beyond doubt, and the agency designated by the Trademark Office of the State Administration for Industry and Commerce is the proof that its strength has been recognized. Manager Lin, the main person in charge of Beijing company, enthusiastically introduced some knowledge of patent application to reporters.
First of all, patents are divided into three categories: invention patents, utility model patents and design patents. The patentee has the right to manufacture, use, promise to sell, sell, import, transfer and license the patent. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law.
Secondly, the main procedures of patent application include: preliminary examination and announcement, substantive examination and grant of patent right.
1. Preliminary examination and announcement: After receiving an application for a patent for invention, the patent administration department of the State Council, after preliminary examination, finds that it complies with the relevant laws and regulations, and shall publish it 18 months after the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
2. Substantive review:
A within 3 years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of his application at any time. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Patent applications for utility models and designs can be authorized without substantive examination.
3. Grant the patent right:
Where an application for a patent for invention has undergone substantive examination and an application for a patent for utility model and design has undergone preliminary examination, and no reason for rejection has been found, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, utility model and design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right shall take effect as of the date of announcement.
Finally, Mr. Lin introduced some questions about why many individuals failed to apply for patents repeatedly.
An individual applying for a patent can apply for a patent directly by mailing relevant application materials to the China National Intellectual Property Administration Patent Office, or through a qualified agency. However, due to many problems such as incorrect information, unprofessional expression or unclear description, many applications may have to be revised several times to meet the requirements.