You should apply for a patent first and then find a manufacturer to manufacture it.
If you want to protect the shape of the product, apply for a design patent; if you want to protect the structure of the product, apply for a utility model patent. Both patents can be applied for together at the same time. This depends on your needs.
1. To apply for a patent, you must first know what type of patent your application content belongs to?
(1) There are three types of patents: invention, utility model, and design (according to Article 2 of the Patent Law)
(2) So what is an invention? What about utility models and exterior designs? According to Article 2 of the Implementing Rules of the Patent Law, we can know:
Inventions as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.
Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.
The term “design” in the patent law refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
2. After determining the type of patent you are applying for, you can apply for a patent in the following two ways:
(1) Prepare the application documents and submit them to the National Intellectual Property Office Apply directly to the Patent Office of the State Intellectual Property Office, and the address for submitting application documents is: No. 6, Tucheng Road, Jimenqiao West, Haidian District, Beijing, Postal Code: 100088; Recipient: Patent Office Acceptance Office of the State Intellectual Property Office. And pay the application fee (invention: 950 yuan, 320 yuan (mitigation for two or more people or an unit) or 185 yuan (individual mitigation); utility model or design: 500 yuan, 150 yuan (mitigation for two or more people or an unit) ), 75 yuan (individual mitigation)).
(2) If you are not familiar with the application documents, you can find a local patent agency to handle it for you, which will save you a lot of worry. However, they may charge corresponding agency fees.
3. Preparation of application documents:
(1) Preparation of patent application documents for inventions and utility models: invention or utility model patent application, claims, instructions, instructions Documents such as drawings, abstract of the description, drawings attached to the abstract, request for cost reduction, etc., in duplicate. Relevant forms can be downloaded at www.SIPO.GOV.CN. And prepare with reference to the provisions of Articles 18 to 24 of the Implementing Rules of the Patent Law.
(2) Preparation of design application documents: design patent request, design photos or pictures, brief description, fee reduction request and other documents, in duplicate. And prepare with reference to the provisions of Articles 27 to 29 of the Implementing Rules of the Patent Law.