1. Query and retrieve related technologies that need to apply for patents;
2, determine the type of patent application (invention, utility model, appearance patent);
3. Prepare application materials. Fill in the patent application request, fee reduction request, etc. ;
4. Submit patent application documents. Obtain the patent acceptance notice and patent application number, and pay the patent application fee;
5, if the formal notice of correction or reply to the review comments, to reply or correction;
6. China implements a preliminary examination system for applications for patents for designs and utility models. The examination system for preliminary examination, announcement and substantive examination of invention patents;
7. Grant the patent right and pay the corresponding fees.
Second, who can apply for a patent?
1, first, the inventor and legal heir.
2. The unit to which the invention belongs.
3. Third, the legal assignee.
4. Fourth, * * * is the same as the applicant. * * * The same applicant refers to * * * individuals and individuals, individuals and units or units and units applying for a patent.
5. Fifth, foreigners' patent application qualifications.
Three. Materials required for individual patent application
1. Documents required to apply for a patent for invention: a request for a patent for invention; Say * books; Claim; Say * book abstract; The drawings can be submitted at the same time as the drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
2. Documents required to apply for a patent for utility model: a request for a patent for utility model; Say * books; Claim; Say * book abstract; Say * books with pictures; Abstract attached drawings. The above documents need to be in duplicate. Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
3. Documents required for applying for a patent for design: a request for a patent for design in duplicate; Design drawings or photos in duplicate; Where color protection is required, two drawings or photos in color and black and white shall be submitted; A brief description of the design in duplicate; Where it is required to slow down various patent fees, it may make two requests for fee reduction at the same time.
At the same time, the applicant's supporting documents need to be submitted. Please refer to the relevant contents of China National Intellectual Property Administration Patent Office for specific format requirements.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.