Invention refers to a new technical scheme proposed for a product, method or its improvement; Utility model refers to a new practical technical scheme for the shape, structure or combination of products; Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
The difference between the three types of patents: invention patents and utility model patents are also protected by new technical solutions. The examination of invention patents takes a long time and costs a lot, but the status is relatively stable after authorization, and the protection period is 20 years from the date of application; The examination time of utility model patent is shorter and the cost is lower than that of invention patent, but the legal status after authorization is relatively unstable, but the protection period is 10 year from the application date; The design patent focuses on the shape, pattern, color or their combination of the product, and the design protects the product for a period of 10 year from the date of application.
2) Go through relevant formalities and submit relevant documents. 1. Handling patent agency procedures: signing a patent agency contract in duplicate and filling out a patent agency power of attorney in duplicate.
2. Provide the basic information of the applicant/inventor: provide the applicant's name, mailing address, postal code and telephone number in writing; Address and telephone number of contact person, name of main inventor/designer.
3. Technical disclosure: a. Application for a patent for invention or utility model: technical disclosure of the following contents shall be provided: 1, name of invention; 2. The invention belongs to the technical field; 3. What is the closest prior art compared with the present invention, and describe the defects existing in the prior art; 4. Aiming at the defects of the prior art, the technical problem to be solved by the invention is put forward, that is, the purpose of the invention; 5. Describe the technical scheme of the invention and its beneficial effects in detail with the attached drawings.
The attached drawings should be one or more drawings that can describe the technical scheme of the invention in detail, such as circuit block diagram, circuit diagram, schematic diagram of system structure, schematic diagram of product structure, partial enlarged diagram of a component, etc.
B. Application for patent for design: photos and drawings of samples or models shall be submitted, or photos that meet the requirements or six-sided views may be submitted directly.
3) Time required for patent authorization: 1
The initial examination time of an invention is about 18 months, and it is necessary to submit substantive examination at any time within three years, but submitting substantive examination in advance is beneficial to authorization in advance.
General 2~3 years authorization
2
The examination time of utility model is about half a year, and the authorization is usually 8~ 12 months.
three
Design, review time is about four months, generally 8~ 12 months authorization.
Note: After the patent is examined and approved, it can only be issued after paying the registration fee and annual fee, and it will be announced in the patent gazette, and the patent right will take effect from the date of announcement.
4) Definition of priority: When a patent application is first filed, other countries with reciprocal priority can claim priority when filing the same application within one year (invention or utility model) or six months (design) from the filing date, that is, these other countries with reciprocal priority must recognize the filing date of the first country as their own filing date.
Intention of priority: the intention of priority is to allow the inventor, designer or trademark owner enough time to consider whether it is necessary to apply to other priority countries after the first application, without worrying about whether others have applied for the same invention, creation or trademark in advance during this period. In addition, priority is a kind of right, which can be transferred together with application right, patent right and trademark right.