200 1 10 1 added "integrated circuit layout design".
The general principle is: apply for a patent for appearance design for a new aesthetic design made by the shape, pattern, color or their combination of products; The new technical scheme put forward by the shape and structure of the product or the combination of the two, the application for utility model patent for minor improvement, the application for invention patent for major innovation, and the new technical scheme involving methods, components and systems can only apply for invention patent.
The scope of integrated circuit layout design is clear and needs no explanation. For details, please refer to the relevant websites in China National Intellectual Property Administration.
There are two categories that cannot apply for patents: one is scientific discovery, the laws and methods of intellectual activities (including disease diagnosis and treatment), animal and plant varieties, and the other is innovation in illegal crimes.
The former is to publicize its benefits to human beings (such as the laws of physics), and the latter is to limit the harm to society (it is always impossible to make bad people smart).
The State Forestry Administration also has relevant protection measures for artificially cultivated new plant varieties.
2. Determine whether a patent agent is needed. Personally, try not to use patent agents, which can save money.
However, the patent agency has its advantages: it has extensive information related to patent application and has a deep understanding of some aspects, saving the applicant's time (especially the time for novelty retrieval in the next step).
For the related knowledge of patent agency, please refer to the related webpage of China National Intellectual Property Administration.
If you want to apply for a patent abroad, you must go through a qualified patent agency.
3. Inquiring about the information related to patent application is generally called novelty retrieval, that is, checking whether the patent application is novel.
Now is the information society, you think new things may have existed for a long time; If you don't inquire about the information related to the patent you want to apply for, it may be futile to apply for a patent.
You should know that China's patents are based on the first application and the first disclosure.
For applicants outside the field, they should first inquire about professional books and periodicals related to patent application, and then inquire about patents; For applicants in this field, it is enough to directly inquire about patents.
If you don't apply for a patent for invention, just look up the China patent.
Knowledge about patent literature can be obtained from the related web pages in China National Intellectual Property Administration.
Now you can query through the internet.
In China, China National Intellectual Property Administration is the first choice for patent inquiry, and you can inquire all published patent documents.
It is still possible to conduct a preliminary search through the website, and the details need to be paid; Recommend the following patent search websites (if registration is free): China Intellectual Property Network, China Patent Information Network and Global Patent Information Network; In addition, Yixin (Beijing Economic Information Network) and China Patent Retrieval System once provided services, but there have been problems at present.
China patent can refer to IPC (International Patent Classification), and it is useful for any patent to be familiar with it.
4. As an individual or an entrusted development unit, it is necessary to determine whether to create a service invention. As an individual, if the patent applied for belongs to the same field (or is closely related to his own work), he must obtain a written certificate from the unit before applying for an individual patent.
Otherwise, the patent is unsuccessful, and success is likely to cause ownership disputes.
Similarly, as an entrusted development unit, the ownership of patents should be determined in the contract with the entrusted unit from the beginning.
Unless you don't want a patent, it will be controversial.
Patent application You can apply for a patent through an agent, but you must read the patent application documents! 1. Most of the written patent application documents need to be printed except for a few places.
Now China National Intellectual Property Administration's website has a full set of WORD versions of patent application documents, which are constantly updated.
We can download it for free, which is very convenient.
You can deal with China National Intellectual Property Administration directly, purchase forms, submit patent application documents and pay fees, or you can go through these procedures at a local agency in China National Intellectual Property Administration.
However, the agencies in China National Intellectual Property Administration are only at the level of provinces, autonomous regions and municipalities directly under the Central Government, not every province; China National Intellectual Property Administration agency is led by China National Intellectual Property Administration in business and the local intellectual property management department in administration, so call the local intellectual property management department to find out if there is any China National Intellectual Property Administration agency in this province, autonomous region or municipality directly under the Central Government.
The advantage of the agency is that it can submit the documents in person and get the patent application number immediately, without waiting for a long mail exchange, and the cost may be lower (saving the mailing fee); However, the duty of the agency is to accept patent applications, examine and approve requests for fee reduction, collect patent application fees, collect annual patent fees (including registration fees and stamp duty) and annual fee late fees (excluding other patent fees and patent fees for all foreign-related patent applications except those paid by the applicant at the same time), and not accept foreign-related applications (non-China patent applications and patent applications of legal persons from Hong Kong, Macao and Taiwan) and PCT applications.
Regarding the writing of patent application documents, in fact, the form documents of patent application are filled in as required, while the technical documents of patent application are an eight-part essay, which can be written in sequence. Although it does not conform to the inventor's innovative personality, the difficulty is actually not.
List of patent application documents Patent type Invention and utility model design description in duplicate/Description in duplicate/Claim in duplicate/Description with attached drawings in duplicate/If necessary, utility model must have abstract attached drawings in duplicate/Brief description with attached drawings in duplicate/Pictures or photos in duplicate/When colors are involved, When microorganisms are involved, one copy of color and black-and-white preservation certificate/designated unit preservation certificate respectively: (Beijing) General Microbiology Center of China Microbiology Collection Management Committee (Wuhan) China Typical Culture Collection Center, one copy of personal patent, one copy of fee reduction request related to work, one copy of fee reduction certificate according to the applicant's needs and one copy of fee reduction request exist at the same time. 2. electronic application now, you can also apply for a patent directly through the internet, which can avoid the absence of a local patent office agency.
Electronic patent application requires you to register first and install special client software on your computer.
The format of the application document is also different from the general written application.
When you submit the patent application documents, China National Intellectual Property Administration will examine and approve them according to the patent examination and approval procedures.
Please wait while reading the details of this picture ... In addition, the patent examination guide is the specific system of patent examination and approval, and its contents can be found in the essence area of this page, which is very useful for understanding patent examination and approval.