(1) There are three kinds of patents: invention, utility model and design (according to Article 2 of the Patent Law).
(2) So what are inventions, utility models and designs? According to Article 2 of the Implementing Rules of the Patent Law, we can know that:
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made by the shape, pattern or combination of products and the combination of colors, shapes and patterns.
2. After determining the type of patent application, you can apply for a patent in the following two ways:
(1) Prepare the application documents and apply directly to the China National Intellectual Property Administration Patent Office. The address for submitting the application documents is: No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing, with the postal code of100088; Addressee: Acceptance Office of China National Intellectual Property Administration Patent Office. And pay the application fee (invention: 950 yuan, 320 yuan (two or more people or units slow down) or 185 yuan (individual slow down); Utility model or design: 500 yuan, 150 yuan (two or more persons or companies), 75 yuan (individuals).
(2) If you are not familiar with the application documents, you can find a local patent agency to represent you, and they will handle it for you, saving you a lot of troubles. However, they have to charge a corresponding agency fee.
3. Preparation of application documents:
(1) Preparation of application documents for patents for inventions and utility models: the request for patents for inventions or utility models, claims, specifications, drawings of specifications, drawings of specifications, request for fee reduction and other documents are in duplicate. The relevant forms can be downloaded from www.SIPO.GOV.CN. And make preparations with reference to the provisions of Articles 18 to 24 of the Detailed Rules for the Implementation of the Patent Law.
(2) Preparation of design application documents: design patent request, design photos or pictures, brief description, cost reduction request and other documents in duplicate. And make preparations with reference to the provisions of Articles 27 to 29 of the Detailed Rules for the Implementation of the Patent Law.