Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to more quickly adapt to the needs of economic development. But this does not mean that only small inventions can apply for utility models. For other inventions with higher creativity, as long as they meet the protection object of the utility model, they can also apply for utility models.
Since the authorization period for invention patents is generally as long as 2-3 years, and the requirements are relatively high, it is difficult to pass the review. In order to enable the patentee to obtain authorization quickly, utility model patents are specially set up.
After the patent right is first granted, if a patent infringement dispute occurs, the corresponding substantive examination procedure will be initiated, including commenting on the practicality, novelty, and creativity of the patent right. Can save a lot of review resources.
Methods for applying for utility model patents
1. The applicant provides original technical data and personal (unit) information.
2. Entrust a patent agency, sign an agency agreement, and write a patent application document that meets the requirements of the patent law; if necessary, search it first.
3. Submit the patent application documents to the National Patent Office, obtain the patent application number, and pay the patent application fee as required.
4. After entering the preliminary examination and passing the examination, the invention patent application will be published in the patent gazette and website 18 months after the application date; according to the applicant's request, the invention patent application can also be published in the application Request advance disclosure at any time within 15 months from the date of filing.
5. Entering the substantive examination (substantial examination) stage: The applicant may file a substantive examination with the Patent Office at any time within 3 years from the date of application, or may file a substantive examination after the patent application is made public. The patent examination fee must be paid as required.
6. After substantive examination, the patent meets the practicality, novelty, and creativity of the invention. The patent right is granted. The patent application maintenance fee, annual fee, printing fee, and certificate production fee are paid as required, and the patent is obtained. Invention patent certificate; authorized invention patents will be announced.
7. If the priority of an earlier invention patent application is required, the relevant information of the earlier application should be provided.