1。 Please principle: before someone applies for a patent and the patent office accepts it,
(2) Written principle: All procedures should be submitted in written form, and the applicant's application documents must be signed or sealed in a unified format specified by the Patent Office.
The principle of application is that if two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant.
④ Priority principle: the applicant applied for a patent for invention or utility model for the first time in China within 12 months (but no patent right was granted), and at the same time applied to the Patent Office for "national priority" on the same subject.
⑤ Principle of unification: Don't let two different applications for patents for inventions or utility models be the same. It does not allow two appearance product designs or two or more product designs to apply for patents. The following contents can be put in the patent application: a. products made by products and methods; B. products and products manufactured by molds; C. The two companies must support each other before they can use the products; D products or products that technically belong to some technical ideas of * * * can be selected from several different embodiments.
2。 Documents to be submitted for a unified patent application (documents must be in the format specified by the Patent Office)
1. Need to submit an application for a patent for invention: an application for a patent for invention; Manual; Claim; The abstract and drawings can be submitted at the same time. The above documents need to be copied. Requests can be submitted while reducing the impact of patent fees and copying requests.
2. Document requirements, utility model patent application: utility model patent application; Manual; Claim; Summary of the prospectus, attached drawings of the prospectus, and attached drawings of the summary. The above documents need to be copied. Requests can be submitted while reducing the impact of patent fees and copying requests.
(3) Documents required for the application for a patent for design: the application for a patent for design is in duplicate; Design drawings or photos in duplicate; For the color to be protected, two brief descriptions of repeated design, namely, color, black and white maps or photos, shall be submitted, and it is required that the patent fee can be reduced at the same time to reduce the impact of the request, in duplicate.
The text of the above documents must be printed (printed or printed in four small words or four words in italics, and the handwriting must be black and clear; Paper A4 or copy paper; Location of heart disease: 2.5 cm to the left of the top of the paper, 1.5 cm to the right of the top of the paper, and the left of the bottom of the paper), and all forms specified by the Patent Office.
3。 Write patent application documents
A. Letter writing requirements: fill in according to the contents and tips in the form.
B. Disclosure specification: In a more specific embodiment described according to the name, technical field, background technology, use, technical scheme and beneficial effects of the invention or utility model, these steps are discussed one by one with the attached drawings.
C writing: the description of the claims should be supported. The claims are divided into independent claims and subordinate claims. When there are multiple claims, the first claim numbered with Arabic numerals shall be regarded as the independent claim, and the remaining dependent claims further defining the technical features of the independent claim shall be regarded as the dependent claims. Generally, it can be divided into the preface part and the characteristic part of the independent claim. Yes Preface, indicating the name of the subject to be protected and the necessary technical characteristics suitable for the existing technology; The characteristic part, "characterized by" or similar expression is different from the unique technical characteristics of the prior art. The preface and the characteristic part together constitute the protection scope of the patent application.
The subordinate claims refer to parts and parts. Yes Citation part: the title number indicating the subject matter of the cited claim. Limited company part: state the required additional technical features.
D. drawings drawn by users manually. A patent for utility model must have drawings and drawings of an invention patent, but if only the text is clear and complete enough, there is no technical scheme with drawings.
Drawing can take many forms:. The created views reflect the shape and structure of the whole product and can be used for mechanical inventions in this field. Two. The electric field of the invention is a circuit diagram, a block diagram and a schematic diagram; . For inventions in the field of chemistry, the chemical structural formula can be used as the attached figure; If the method of the present invention is used, the attached drawings show the process flow chart of the method steps. Brief requirements: A. Drawings Mechanical drawings shall conform to national standards, and be drawn in black ink with drawing tools (computer drawing). The lines shall be even and clear, and there shall be no borders around them. Pencils and pens shall not be used for drawing, but the proportion and size of data are not marked in the attached drawings. Two. The size and clarity of the drawings should ensure that the drawings are reduced to 4×6 cm, and all details can still be clearly identified and consistent with the photos; Requirements. For multiple drawings of the same patent application, a special format can be drawn on paper and numbered with Arabic numerals in the form of "××". The same patent application has multiple pages, photos and page numbers written in Arabic numerals; (5) The references with the same reference number used in this patent application must be consistent, and the marks without instructions shall not appear in the attached drawings, and the attached drawings F. shall not contain any other opinions except when necessary. BR/>； E. abstract writing. The technical field of the invention or utility model, the technical problems to be solved, the main technical features and the name of use shall be clearly stated. A practical new product should be written with its shape, structure or the application of its combined functions. It should not be written in advertisements or simple functions. The title should be added with continuous symbols, and the chemical field of C inventions includes the abstract and most descriptive inventions of the required chemical formula and the characteristics of the chemical formula. The summary can also include mathematical formulas or reactions. The abstract is not segmented, and the text does not exceed 200 words.
Drawings for building outline drawing: A clear explanation shall be submitted separately in the attached drawings. As a simple picture, the drawing system should be guaranteed. When the picture is reduced to 4×6 cm, all the details can still be clearly distinguished.
4. Written documents of application for patent for design
An application for a patent for design, a request for a patent for design, design drawings or photos that should be submitted; If necessary, a brief description of the design shall be submitted.
The design drawings or photos shall be different side or state drawings or photos of each product, and generally shall be six-sided views (front view, bottom view, left view, right view, top view and back view), including cross-sectional views, cross-sectional views and service state reference drawings when necessary. Perspective view.
A. The one-dimensional dimension of design drawings or photos shall be not less than 3× 8cm and not more than 145× 22cm, and all details shall be clearly distinguished even if the clarity in the drawings is reduced by two thirds. Drawings should be drawn with black ink and drawing tools, and the lines should be uniform, clear and continuous. C. Generally, the graphics should be arranged vertically and drawn in proportion according to the design size. It needs to be arranged horizontally, and the top of the picture should face the left side of the picture. . The center line, dimension line and shadow line of all drawings generally do not appear on dotted lines or marked lines. Graphics shall not be words, trademarks, service marks, quality marks and portraits of modern people. Artistic text can be regarded as a model. (3) It is best to draw some opinions on the drawings, which can be multiple tables, but the pages should be numbered in sequence. The projection relationship between each view and other class diagrams should be established, and the name of the view should be indicated. Thick drawing paper should be used as the paper for drawing color pictures. Posted design or photo file. The standard format of grams. The photo size of the photo should be the same as the requirements of the photo. Hours of photos may not be able to fold the design or photo file on the paper according to the attached relationship bar chart, leaving at least 2.5 cm at the top left and at least 1.5 cm at the bottom right.
B. Brief description of the design
A brief description is a short design or photo with supplementary explanation. Without the language of commercial advertisement, the brief description that cannot be used to explain the purpose and performance of the product should be concise and easy to understand. The following situations should be briefly explained:/> An omitted view: design products, which are symmetrical up and down, front and back. You can delete a view, but use language description, such as "left view, right view". Symmetry (same), deleted in the right view. In addition, the product does not belong to the direction of creating the site, or it can be omitted, for example, "The bottom of the product does not belong to creating the site, and its bottom has been deleted."
(2) The design of highlighting the main creative parts is complicated, and some existing designs and innovative parts are not easily noticed, so the main creative or design elements can be explained to strengthen patent protection. For example, the design innovation of the lamp only involves the lampshade, and other parts should be explained by a design.
C. Supplementary drawings may be difficult to express by photos: for example, the appearance of products or transparent materials are made into "transparent" marking lines that can be drawn on drawings, and pictures of transparent parts that cannot be expressed, or A and B, etc. The transparent part of the photo, and briefly explain a, b, etc. Pay attention.
The length of>d drawing or picture display is described in the brief description of local excellent talents' products, such as profiles, I-beams, product length and aspect ratio, etc. Some textiles such as carpets can be omitted, and only local patterns and textures can be drawn, but the length and width dimensions should be indicated in the brief description.
E the impact of the design and manufacture of special materials should be pointed out in the brief description.
F in addition to two sets of color and black-and-white drawings or photos, the products that need to be protected in color design should also be briefly introduced, and the colors of the products should be protected.
In the development of new products of>g, especially in the classification of design, there is still no brief description of the use method and purpose of the products to determine the protection category and the supplementary classification table of the Patent Office. 5, registration fees and other fees, relief.
Submit patent application documents and a request for fee reduction, which shall specify the reasons for fee reduction, the annual income of individuals applying for fee reduction and the annual income of each of the two joint ventures applying for fee reduction; Requirements for slowing down various expenses. Mitigation fees include five categories: application fees, inspection fees, maintenance fees, examination fees and annual fees for the first three years of approved patents. It is recommended to postpone the fee by more than five percent.
. 6。
Patent application documents The patent application documents submitted can be submitted directly to the Patent Office or registered by post office. In general, folding application files is not allowed. The envelope you should use can hold a registered letter of A4 paper. But the best way is to send it by express mail through the post office.
China State Patent Office Intellectual Property Office Address:
No.6, West Tucheng, Jimenqiao, Haidian District, Beijing (100088)
Submit the patent application documents by registered mail or mail to: China Patent Office for patent acceptance.
Patent fees should be directly submitted or mailed to: Charge Management Office of China Patent Office.
Contact information submitted by Hua Mao: 010 68008286/96/98/5191. ※
7。 Pay within the specified time
Various fees or charges shall be remitted by the post office and paid directly to the Patent Office within the specified time (the application fee shall be paid for the application documents submitted directly to the Patent Office); Delivery. After submitting the application documents by mail (about one month), I received the application fee of "Notice of Acceptance" issued by the Patent Office. The payment period is within two months from the date of application. It must be pointed out that the notice of accepting salary within two months was issued.
The patent granted by the patent application will not pay the annual fee this year. After receiving the registration notice, pay the annual fee for one year, including the fee. It should be pointed out that it is the year specified in the notice (from the date of application), sometimes one year. Do I need to receive a notice, in which the year is 98 years (such as 2002) from the date of application?
Claims of a patent application (including independent claims and subsidiary claims) exceed 65,438+00, and 30 yuan surcharge will be added for each claim from 65,438+00; The number of pages of the patent application specification (including attached pages) exceeds 30 points, 3 1 page, and the surcharge per page is 250,000 yuan, with more than 300 people, 30 1, and the surcharge per page is earned in 50 yuan.
This year should be the third year that the application for a patent for invention has not been authorized within two years from the date of application, and the application fee has been voluntarily paid for maintenance. The maintenance fee payable for down payment shall be paid within the first month after the past year and one month before the application fee for maintenance fee for the third year expires.
Pay all kinds of fees through the post office. In the postscript column of the draft, indicate the applicant's name, patent number or patent application number, invention name, cost (items must be listed) and various amounts after the name (Arabic numerals with application number of 9 are not required). If there is any omission or misspelling, or the amount is insufficient, it will be regarded as the payment procedure.
8。 You can submit the follow-up submitted by the applicant (the form must be in the format specified by the Patent Office).
Answer: For the revised document (within three months from the date of application for patent for utility model and design), you can take the initiative to apply for correction of the document, such as spelling, punctuation, reference mark, incorrect terminology, wrong writing of the document, the applicant's signature or seal, etc., but it cannot exceed the technical scheme and implementation method described in this example.
For an application for a patent for invention, the applicant requests substantive examination and actively corrects the application documents.
If the statistician's requirements applied by the Patent Office do not meet the requirements, they shall be corrected within the prescribed time limit, and they are still not satisfied after three times of correction, and the Patent Office shall reject the patent application.
First fill in various forms of correction documents (typing), copy and correct them, and then submit them to the file copy on the replacement page.
B. In accordance with Article 34 of the Patent Law, if an application for a patent for invention is announced in advance, the applicant can open the application procedure at any time and make a request as soon as possible (submitting a request for early announcement in duplicate), which can speed up the examination and approval. The substantive examination will begin within 65,438+08 months after the announcement of the applicant, but only after the existing technical documents requested by the applicant in writing are submitted and the substantive examination fee is paid.
C. For an application for a patent for invention requesting substantive examination, according to Article 35 of the Patent Law, the applicant must submit the existing technical documents (typed version) in duplicate with the request for substantive examination within three years from the date of application, and pay the substantive examination fee. If the applicant does not make an unreasonable request, the application for substantive examination will be regarded as withdrawn.
D. Statement of opinion When the Patent Office makes a decision to reject the patent application, the applicant has the right to express his ideas, but the reasons for repeatedly submitting the statement of opinion (printed version) should be sufficient.
E. request for restoration of rights. If the applicant has sufficient reasons (such as illness and hospitalization, irresistible natural disasters), the application fee shall be paid within the time limit specified in the examiner's notice of correction. After the patent application is rejected, the applicant shall submit a request for restoration of rights (printed version) in duplicate, go through relevant formalities and provide relevant certificates (for example, hospital diagnosis, etc.). ), and the fees paid for requesting the restoration of rights.
Request for reexamination by the Patent Reexamination Board of the Building Patent Office. If the patent application is rejected, the patent office or the maintenance company is not satisfied with the decision. The Patent Reexamination Board shall, within three months from the date of receiving the notice, request to examine the copy of the application for reexamination and pay the examination fee. After reexamination, the Patent Reexamination Board shall notify the requesting party. If you are still dissatisfied with the results of the review, you should bring a lawsuit to the people's court within three months from the date of receiving the notice.