The invention of computer software depends on whether it belongs to simple computer software or special software that can be combined with hardware and treated differently. The latter can apply for patent protection. As for inventions involving microorganisms, you can also apply for invention patents. However, the certificate of microbial preservation shall be submitted on schedule.
1, product invention
(including material invention) is a technical scheme of various new products, materials and substances developed by people through research. A product in the patent law can be an independent and complete product or a part of a device or instrument. Its main contents include: finished products, such as machines, equipment and various supplies and materials, such as chemicals, composites and other products with new uses.
2. Method invention
It refers to the operating methods, manufacturing methods, technological processes and other technical solutions developed by people to manufacture products or solve a technical problem. A method can be a complete process consisting of a series of steps or a single step, which mainly includes: a manufacturing method, that is, a method for manufacturing a specific product; And other methods, such as measurement method, analysis method, communication method, etc. ; The new use of the product.
3. What inventions can be patented?
Generally speaking, the achievements made in the process of technology development and new product development should apply for invention patents because of their high technical level. For example, the application of laser technology has been developed, synthetic leather has been manufactured by laser holography or grating lithography, and holographic grating synthetic leather has been developed. Then, both the leather itself and its manufacturing method should apply for invention patents.
Another example: drugs developed by biochemical technology, whether drugs or methods of manufacturing drugs, should apply for invention patents. Another example is that a factory has put forward a design scheme to improve the air compressor, which is feasible, and the effect after implementation will greatly reduce the production cost and improve the performance of the machine, so the scheme can be applied for an invention patent.
The technology applying for a patent for invention can be a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the existing technology.
World patent protection of intellectual property inventions
The World Intellectual Property Organization (WIPO) adopted a resolution at the 35th General Assembly in 2000, and decided to designate April 26th as World Intellectual Property Day from 200 1. The establishment of World Intellectual Property Day aims to establish a worldwide awareness of respecting knowledge, advocating science and protecting intellectual invention patents, and to create a legal environment to encourage knowledge innovation and protect intellectual property rights.
Extended data
Best step
Patent application is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and safely and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor establishes the principal-agent relationship with the patent agent, the patent agent is your technical consultant and patent lawyer.
Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time.
After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent; Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation.
If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate to the patent agent, and the patent agent can complete the whole process of patent application for you according to the inventor's invention intention until the patent right is obtained.
Procedures for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally goes through the following steps.
I. Consultation
1, to determine whether the invention belongs to patentable content; For this consultation, it is suggested to consult several patent agencies, compare them and determine the correct conclusion. Because at present, many information receptionists of patent agencies take commission, sometimes they will make inappropriate replies to the consultation for the sake of business volume.
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Second, sign an agency agreement.
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
Third, technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Review of intransitive verbs
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination results. Generally, this process takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent. With the improvement of the examination efficiency of the patent office, the examination and authorization time of design and utility model is about 4-6 months.
Eight, go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
At this point, the patent application process is over.
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Baidu Encyclopedia-Patent Application