The process of patent application
1. Before applying for a patent, the inventor should search the patent and non-patent documents to determine whether the applied patent is novel, creative and practical.
2, the inventor according to the literature retrieval results and the scope of patent protection, write the first draft of the patent application specification and other documents, and fill in the "physical and chemical institute of patent application form".
3. The inventor shall submit the first draft of the application specification and the electronic version of other documents together with the application to the business office.
4. After formal examination of the application materials submitted by the inventor, the business department entrusts a patent agency to apply.
5, the patent agent according to the first draft of the application specification, write formal application documents. During the period, the patent agent has the right to know the technical data related to the application from the inventor, and is responsible for keeping the contents of the application confidential.
6. After all the application documents are confirmed by the inventor, the patent agent shall complete filling, printing and copying in the format specified by the Patent Office, and then formally submit the application to the Patent Office.
7. The Patent Office shall accept the application that meets the acceptance conditions, determine the application date and application number, and issue a notice of acceptance.
8. After receiving the acceptance notice, the business office will file a patent application and pay various application fees.
9. The business office will disclose the relevant acceptance information in the online office system of the institute, and provide the research group with a copy of the acceptance notice to facilitate the research group to inquire and copy other relevant files of the patent application.
10, the Patent Office conducts a preliminary examination of the accepted patent application, and if it is found to be qualified, it will issue a notice of preliminary examination, which will be made public within 18 months from the date of application; If it is considered unqualified, it shall be notified to make corrections, and if it is qualified, it shall be made public. Unqualified, reject the application.
1 1. Submit a request for substantive examination to the Patent Office within three years from the date of application, and the Patent Office will conduct substantive examination of the patent application according to its own work arrangement, and make an authorization decision or a notice of examination opinions.
12. after receiving the notice of examination opinions, the business department shall promptly notify the inventor, cooperate with the patent agent, and reply to the examiner's opinions within the specified time limit.
13. after receiving the authorization notice from the patent office, the business office shall go through the patent registration procedures and pay various fees within the statutory time limit.
14. After receiving the various registration fees paid, the Patent Office authorizes the registration and announcement of the patent and issues a patent certificate.
15. After receiving the certificate, the business hall will publish it on the office website. After seeing this information, the inventor can get a copy of the certificate from the business office. All originals are kept by the business office.
16. At the beginning of each year, the business department collects opinions on the handling of patents granted for more than three years. For the patents suggested by the inventor to be abandoned, they shall be abandoned with the consent of the director, and other patents shall pay annual fees in time to maintain the existence of patent rights.
17. Every March, the inventor who granted the patent in the previous year will be rewarded.
Scope of protection of invention patent right
To determine the scope of protection of patents for inventions and utility models, we should grasp the following points:
*** 1*** Determine the scope of patent protection according to the contents recorded in the claims. According to the provisions of the Patent Law, the inventor shall disclose the technical content of his invention in the specification, and in the patent claim, the necessary technical features required for the implementation of his invention or utility model shall be stated clearly and concisely, and the scope of protection requested shall be stated clearly.
When the patent office examines and approves the invention patent, the main content of legal review is to examine whether the technical scheme requested in the claim is novel, creative and practical according to the existing technology, and whether the technical scheme can be supported by the specification. The focus of the review is whether the technical scheme requested in the patent independent claim meets the substantive conditions stipulated in the patent law. As long as it meets the requirements, the patent right will be approved without examining the subordinate claims.
When the court must determine the scope of patent protection in the trial of patent infringement disputes, it should also determine it according to the contents recorded in the patent claim. The specific work of the judge at this time should include determining the technical features recorded in the claim, consulting the specification and drawings, clarifying the substantive content of each technical feature, and clarifying the boundary between the protected patented technical scheme and the open technology that anyone can freely use.
When determining the scope of protection of the patent right for invention or utility model, the technical content recorded in the independent claim shall prevail. That is to say, it is necessary to determine which technical features are recorded in the independent claim, and the exact essential meaning of each technical feature and its equivalent features. The technical features in the independent claim shall not be increased or decreased; The technical scheme described by the sum of all technical features in the independent claim is the object of legal protection, and each technical feature is the limiting factor of the protection scope of the claim. Some technical ideas that are not recorded in the claims, even if they are patentable and fully disclosed in the specification, are not within the scope of patent protection. This part of technical ideas should be regarded as the free contribution made by the patentee to society.
* * * 2 * * Pay attention to the explanatory function of the specification and attached drawings to the claim. To determine the scope of patent protection for an invention or utility model, the contents recorded in the claims shall prevail, but the explanatory role of the description and drawings is very important and should be paid attention to. Its functions are: first, to clarify the vague technical features in the claim; The second is to understand the existing technology before the application date, as well as the purpose and effect of the invention through the specification and attached drawings.
Cost of patent application
* * * A * * Application fee
1. Printing cost of invention patent 900 50
2. 500 utility model patents
3. Design patent 500
* * * Two * * * Maintenance fee for invention patent application in 300 yuan every year.
* * * three * * invention patent application examination fee of 2500 yuan.
* * * four * * review fee
1. Invention patent 1000
2. 300 utility model patents
3. Design patent 300
* * * Five * * * Record the project change fee.
1. Changes of inventors, applicants and patentees 200
2. Changes in the entrustment relationship between patent agencies and agents 50 pages
* * * VI * * Priority claim fee is 80 per item.
* * * Seven * * * Claim fee for restoration of rights 1000.
* * * Eight * * * Cancellation fee
1. Invention patent right 30
2. Patent right of utility model 20
3. Design patent right 20
* * * Nine * * * Request fee for invalidation
1. Invention patent 3000
2. Patent right of utility model 1500
3. Design patent 1500
* * * Ten * * * Compulsory License Request Fee
1. Invention patent 300
2. 200 utility model patents
* * * XI * * * Request for compulsory license to use the award fee 300 yuan.
* * * XII * * Patent registration, printing and printing fees
1. Invention patent 255
2. The utility model patent 205
3. Design patent 205
* * * Thirteen * * Surcharge
1. The first extension request fee is 300 yuan per month, and the second extension request fee is 2000 yuan per month.
2. The claim surcharge is increased by 1 1 per piece.
3. The manual surcharge will be increased by 50 per page from 3 1 page and by 100 from 30 1 page.
* * * Fourteen * * * Annual fee
1. Invention patent1-3 900 4-61200 7-9 200012 400013-15 6000.
2. The utility model 1-3 years 600 4-5 years 900 6-8 years 1200 9- 10 years 2000.
3. Design patent 1-3 years 600 4-5 years 900 6-8 years 1200 9- 10 years 2000.