For example, prior patent documents, documents, periodicals, drawings, etc. Similar to or similar to the application project. When applying for a patent for invention in China, it's best to search for the patent in advance, otherwise the applied project will be easily rejected in the application review process.
(2) Written technical data
1, the technical field and application scope of the application project, and the technical measures, technical means, methods or ways to achieve the same or similar effects as the application project in the existing technology;
2. What technical problems need to be solved for the invention purpose of the application project?
3. Describe in detail the technical measures and characteristics to realize the invention purpose of the application project with words and drawings.
Sign. For example, the applied project is a product, and technical measures and technical features refer to the structure of the product, the connection, layout and relationship of various parts, their functions in the applied project, and the combination of various parts.
Mode and detailed dynamic mode apply methods, and technical measures and characteristics refer to technological process, technological parameters and relevant details in technological process. In addition, at least one specific example of the application project should be provided (this
The concrete instance in the library does not refer to the model or object, but refers to the graphic and text description that shows the concrete instance. Only when the technical measures of the application project cannot be explained by drawings and words can models or objects be provided.
State the subject of the application).
The drawings provided shall be drawn on A4 paper with a carbon pen, and there shall be no words, border lines, dimension line and size labels on the drawings. All parts and components can be marked with numbers (1, 2, 3 ...), and the name of the part represented by each label should be written on another piece of paper.
4, the application project experimental data, results or phenomena in the experiment;
5. With specific examples and practical (trial) conclusions, objectively explain the advantages and disadvantages of the invention. If there is no experimental data or conclusion, the inventor shall objectively analyze the invention and infer the possible advantages and disadvantages of the invention;
6. Differences in technical characteristics between the application project and the existing technology considered by the inventor;
7. What the inventor thinks should be a technical secret.
Provisions on patent electronic application
first
In order to standardize the relevant procedures and requirements of patent applications (hereinafter referred to as patent electronic applications) transmitted through the Internet, facilitate applicants to submit patent applications, improve the efficiency of patent examination and approval, and promote electricity.
These Provisions are formulated in accordance with the provisions of Article 2 and Paragraph 2 of Article 15 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules for the Implementation of the Patent Law).
Article 2 To file an electronic patent application, a user registration agreement for the electronic patent application system (hereinafter referred to as the user agreement) shall be signed with China National Intellectual Property Administration in advance.
A patent agency shall sign a user agreement with China National Intellectual Property Administration in the name of a patent agency to carry out patent electronic application agency business.
If the applicant entrusts a patent agency that has signed a user agreement with China National Intellectual Property Administration to handle the patent electronic application business, it is not necessary to sign a user agreement with China National Intellectual Property Administration separately.
Article 3 Where there are more than two applicants and no patent agency has been entrusted, the applicant who submitted the electronic application shall be the representative.
Article 4 Applications for patents for inventions, utility models and designs may be filed in the form of electronic documents.
An application for a patent that has entered the national phase in China according to the second paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law may be submitted in the form of an electronic document.
These Provisions shall not apply to those who file an international patent application with China National Intellectual Property Administration in accordance with the first paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law.
Article 5 Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, an application for a patent shall be filed in writing.
After the applicant files a patent application in the form of an electronic document, if China National Intellectual Property Administration thinks that the patent application needs to be kept confidential, it shall turn the patent application into paper to continue the examination, and notify the applicant. The applicant shall submit various documents in paper form in the follow-up procedure.
According to Item (1) of Paragraph 2 of Article 8 of the Detailed Rules for the Implementation of the Patent Law, if an applicant directly applies for a patent in a foreign country or submits an international patent application to a relevant foreign institution, the applicant's request for confidentiality review and technical proposal to China National Intellectual Property Administration shall be made in paper form.
Article 6 When submitting an electronic patent application and its related documents, the prescribed file format shall be followed. & gt
Question 2: How to apply for a secret recipe patent requires preparation:
1, description, claims, abstract. The specification is a detailed description of your patented technology, and the patent claim summarizes the scope of your protected technical scheme. Abstract is a brief description, and it doesn't need to be made in kind. Pictures can also be hand-drawn, as long as they are clear, and they don't need to be drawn according to drawing standards. Then download a patent application form from China National Intellectual Property Administration website and fill it out.
2. Take these materials to the China National Intellectual Property Administration Patent Office to apply; Or mail it to the acceptance office of China National Intellectual Property Administration Patent Office; Or the representative offices of intellectual property offices in Xiang Ding.
3. Wait for various notices issued by China National Intellectual Property Administration Patent Office and reply to the notice of examination opinions. No problem, you can authorize it.
If you don't know anything about patent affairs, I suggest you find a patent agency. Of course, you need to pay the agency fee.
Question 3: Can the formula be patented for invention? Yes
The types of patents have different regulations in different countries. In China's patent law, there are: invention patent, utility model patent and design patent; In Hongkong patent law, there are: standard patent (equivalent to Chinese mainland's invention patent), short-term patent (equivalent to Chinese mainland's utility model patent) and design patent; In some developed countries, it is divided into invention patents and design patents.
patent of invention
The definition of invention in the second paragraph of Article 2 of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement."
patent of invention
The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
Invention refers to a new technical scheme for a product, method or its improvement, which mainly embodies novelty, creativity and practicality. Patent inventions are divided into product inventions (such as machines, instruments and equipment, appliances) and method inventions (manufacturing methods).
Utility model patent
The definition of utility model in the third paragraph of Article 2 of China's Patent Law is: "Utility model refers to the shape, structure or combination of products.
A new technical scheme suitable for practical use. "Like the invention, the utility model protects a technical solution. However, the protection scope of utility model patent is narrow, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent for utility model is granted without substantive examination, with simple procedures and low cost. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents.
design patent
The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's understanding of a project.
Artistic and aesthetic creation of product appearance, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.
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. The object of design patent protection is the decorative or artistic design of the product, which can be a plane pattern or a three-dimensional shape. It is more common to combine the two. The main condition for granting a design patent is novelty. ...& gt& gt
Question 4: how to apply for a patent for the secret recipe of heirloom, the process and the cost. If you want to apply for a patent, you must first understand what type you want to apply for. Patent applications can be divided into three categories: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design. To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced or omitted by oral explanation or providing samples or models. In the patent examination and approval procedure, only written documents have legal effect. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If supporting documents or attachments are required, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original. To apply for a patent for invention and a patent for utility model, the application documents include: patent request, specification, drawings of the specification, patent claim, abstract and drawings in duplicate. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate. When applying for a patent, the applicant shall submit the application documents directly or to the reception office of China National Intellectual Property Administration Patent Office, or submit them to the patent agency established by China National Intellectual Property Administration in Beijing, and the National Defense Patent Branch will specialize in accepting national defense patent applications. Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within 2 months. If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right. When going through the registration formalities, there is no need to submit any documents, and the applicant only needs to pay the patent registration fee (including the printing fee for the announcement) and the annual fee, stamp duty and maintenance fee for the invention patent application in the authorized year. The termination of the patent right can be divided into: 1, and the termination at expiration: the invention patent right is 20 years from the date of application, and the utility model or design patent right is terminated according to law from the date of application 10; 2. Termination without payment: The Patent Office will issue a notice of payment, informing the applicant that after paying the annual fee and late fee, if the applicant still fails to pay or fails to pay the annual fee and late fee in full, the patent right will be terminated from the date of expiration of the previous year.
Question 5: What is the process of applying for a national patent for a drug formula? Is it strict? To tell the truth, this matter is really troublesome. From the procedural point of view, we should apply for a patent first to ensure the exclusiveness of prescription. Patent application is relatively simple. If you apply in your own name, it will take about 2 years, and the official fee is about 1 000 yuan. You'd better find a patent office to do it for you. You are good at programming and writing. There are many people in the company here. Sure, you can call me. The agency fee is different, about 6000 yuan. Besides, cooperation with pharmaceutical companies is more troublesome. The approval of new drugs goes through two processes. Firstly, the review of preclinical research. You need to provide SFDA with the process and results of prescription analysis, preparation technology research, quality standard research, animal efficacy and toxicology research. The whole research and evaluation process takes about 2 ~ 3 years. If approved, I will give you the approval of clinical research, and then find five major hospitals to conduct at least two clinical experiments (that is, for people). It takes about 1 year, and then report the clinical trial results to the Food and Drug Administration. If they pass, they will send you a new drug certificate and a drug production approval, so that you can produce this drug. The cost of preclinical research is about 6.5438+0 million; The cost of clinical research depends on the disease, at least 3 million. Nowadays, pharmaceutical companies rarely invest from scratch because the results are uncertain and the risks are too great. They prefer to ask for a production license directly. At least they have to see the approval of clinical research before they can invest in clinical research. Unless your prescription really has an excellent effect, you can convince the pharmaceutical factory that this is a good variety to create the market. But it's hard. That's all I can say. Whether it can be developed into a new drug is whether it is necessary to apply for a patent. Think for yourself ~ ~ ~
Question 6: Can folk remedies apply for patents? Thank you. Is the state authorized to provide you with technical solutions? If you don't provide a technical solution, you can't judge whether it meets the object of patent application. So you'd better find an intermediary, or don't apply, because you applied yourself. If the claim is not well written, it will still be a bad patent, such as "it is impossible to write the secret recipe truly."
Question 7: How to apply for a patent and start a factory for the ancestral secret recipe? In China, I dare not say that I have everything, but most secret recipes handed down from my family have no three characteristics at all. It is basically difficult to apply for a patent. Let's cooperate directly with the merchants, which will be faster. Otherwise, it usually takes about three years to apply for a patent, and it is estimated that it will not come down in five years, and then it will take at least six or seven years to prepare for the factory.
Question 8: How to apply for a patent for an ancestral secret recipe?
1, to determine whether the invention belongs to patentable content;
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Sign an agency agreement
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Prepare application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Question 9: How to apply for a drug patent? I have an ancestral prescription. If you want to apply for a patented drug, you must first confirm whether your formula can be applied successfully. Drugs need to meet the following three conditions and be measured by themselves. 1. Before the application, the formula has not been published in magazines, papers and other media; 2. No one else has applied for more than 70% of the formula patents before the application, which can be found on the website of the Patent Office; 3. The traditional Chinese medicine in the formula conforms to social morality and is used within the framework of laws and regulations. Here's a reminder: once your prescription is patented, your formula will be made public. Although others can't use your formula at will, it is still possible for some manufacturers to increase or decrease some other medicinal materials to achieve similar effects.
Question 10: Patent application for ancestral secret recipe of traditional Chinese medicine. How much 1 d patent can sell is actually related to its actual social value! The key depends on what kind of positioning you or the manufacturer gives.
2. Patents, especially drugs, generally take 3-5 years. It is said to be 5 million.
3. It is a good choice to cooperate with manufacturers.
4, the safety factor is not easy to grasp, I have a customer of a pharmaceutical company, he said that if you want to patent drugs, you must test the ingredients, and then wait for clinical experiments, as long as you know the ingredients, you can make them.
My family's rheumatism secret recipe is also very effective, but I don't intend to develop it.