You can also go online or make an announcement to inform people who are interested in your patent.
Patent application procedures:
(1) patent application
After the invention is completed, it is impossible for the parties to obtain the patent right naturally. A patent application can only be approved if it is filed in China National Intellectual Property Administration and found to be in compliance with the provisions of the Patent Law by China National Intellectual Property Administration. To apply for a patent, the following documents shall be submitted:
1. Request
The request is a written document that the applicant expresses his wish to grant a patent right to China National Intellectual Property Administration. As long as the applicant fills in the "Request for a Patent for Invention" or "Request for a Patent for Utility Model" and submits it to China National Intellectual Property Administration, it is deemed that he has expressed his desire to request a patent right. The request mainly includes the following contents:
(1) the name of the invention or utility model;
(2) The name and address of the applicant;
(3) the name of the inventor or designer;
(4) Patent agencies;
(5) Priority requirements;
(6) Signature or seal of the applicant or agency.
The request also includes the list of application documents, the list of additional documents and other matters needing attention.
Step 2 explain
The specification is a document submitted by the applicant to China National Intellectual Property Administration to disclose his invention or utility model. In order to obtain the patent right, the applicant should provide China National Intellectual Property Administration and the public with the necessary technical information to understand and implement his invention and creation. Its function mainly has the following three aspects: first, it clearly and completely discloses the technical scheme of an invention or utility model, so that technicians in the technical field can understand and implement the invention or utility model, thus providing new technical information for the public; Second, the manual provides information on the technical field, background technology and content of the invention and creation, which is the basis of China National Intellectual Property Administration's review work; Third, the specification is the basis of the patent right. After the patent right is granted, especially in the event of a patent dispute, the specification and its attached drawings can be used to explain the patent right and determine the scope of protection of the patent right.
The main contents of the manual include the following aspects:
(1) The technical field to which the invention or utility model belongs refers to the specific technical field to which the invention or utility model directly belongs or directly applies, not the superior or related technical field, nor the invention or utility model itself.
(2) Background technology: As far as the applicant knows, the background technology useful for understanding, searching and examining the invention or utility model should be clearly stated, and it is best to quote the documents reflecting these background technologies.
(3) the content of the invention or utility model, stating the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and stating the beneficial effects of the invention or utility model relative to the existing technology.
(4) Description of drawings. If there are drawings in the specification, each drawing shall be briefly described.
(5) Specific mode of implementation, detailing the best way for the applicant to realize his invention or utility model, giving examples when necessary, and referring to the attached drawings if any.
Article 18 of the Detailed Rules for the Implementation of the Patent Law also stipulates that an applicant for a patent for invention or utility model shall write the description in the above manner and order, and write the titles in front of each part, except that the nature of the invention or utility model can be written in other ways or order to save the length of the description and enable others to accurately understand its invention or utility model.
3. Attached drawings of the instruction manual
In order to explain the technical content of the invention or utility model, the specification may be supplemented with drawings. For the description with drawings, the drawings are one of the important components.
Because the utility model involves the shape and structure of the product, the description of the application for a patent for utility model must be accompanied by drawings. When necessary, the application for a patent for invention shall be accompanied by drawings, which shall be attached to the specification.
4. Description summary
Abstract is the summary and abstract of the manual, and its function is to make the public read short words; You can quickly understand the basic content of invention and creation, and then decide whether you need to consult the full text. An abstract shall be submitted when applying for a patent. The contents disclosed in the specification, claims and drawings of an application for a patent for invention or utility model shall clearly indicate the technical field to which the invention or utility model belongs, and clearly reflect the technical problems to be solved, the main points of technical solutions to solve the problems and the main uses.
Step 5 claim
In order to ensure the normal operation of the patent system, on the one hand, it is necessary to provide effective legal protection for the patentee, on the other hand, it is necessary to ensure that the public enjoys the freedom to use known technologies. Patent claim is a special legal document stipulated for the above purpose.
The main function of patent claim is to determine the protection scope of patent right. Before granting the patent right, indicate what kind of protection the applicant wants; After the patent right is granted, it shows what kind of protection the state has given to the patentee.
The claim is based on the specification, indicating the scope of patent protection with the technical features that constitute the technical scheme of the invention or utility model. According to different writing methods, claims can be divided into independent claims and subordinate claims.
The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features needed to solve the technical problems to be solved by the invention or utility model. The sum of the necessary technical features should be enough to constitute a technical scheme of an invention or utility model, and it is more novel and creative than the existing technical scheme.
The dependent claims shall further define the cited claims with additional technical features. Additional technical features may be technical features that further define the technical features of the cited claims, or may be additional technical features. The technical features contained in the dependent claim include not only the technical features attached to it, but also all the technical features of the claims to which it belongs. Therefore, the scope of protection determined by the dependent claims is smaller than that of the claims to which it belongs.
An invention or utility model should have only one independent claim, which is written before the subordinate claim. The claims shall be based on the description, and the claims shall be clear and concise.
(2) Priority
The principle of priority originated from the Paris Convention for the Protection of Industrial Property signed by 1883, with the purpose of facilitating nationals of contracting States to apply to other contracting States after filing their own patent or trademark applications. The so-called "priority" means that an applicant can apply to other States parties for protection on the same subject within a certain period of time after filing an application for the first time in one State party, and the subsequent application is regarded as filed on the filing date of the first application in some aspects. In other words, after the date of the first application, the latter application filed by the applicant enjoys priority over other applications filed on the same subject.
With the development of the patent system, the principle of priority is no longer limited to providing such preferential treatment to foreign applicants, but is further extended to domestic applicants, that is, applicants who file their first patent application in their own country and then file another application on the same subject in their own country within a certain period of time can also enjoy the priority of the first application.
Where an application for a patent for invention or utility model is filed, the priority period shall be 12 months from the filing date of the first application. The priority period of an application for a patent for design is 6 months from the filing date of the first application.