I. Classification of patents
1, invention patent:
You may apply for a patent for invention for a new technical proposal or improvement of a product or method;
2, the utility model patent:
You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products;
3, design patents:
A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
Second, the patent application process
1, Filling and Writing of Patent Application Documents
There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
2. Acceptance of patent applications
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions.
3. Payment method of application fee
The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, and can also be remitted by bank or post office, or the registered users of electronic application can log on to China Patent Electronic Application Network and pay the patent fee by using the online payment system. At present, banks use electronic transfer and post offices use electronic remittance.
4. Time to pay the application fee
Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
5. Patent approval procedures
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.
6. Actively modify and correct the patent application documents.
The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs.
(1) Applications for patents for utility models and designs are only allowed to be modified within two months from the date of filing;
(2) An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
7. Reply to various notices from the Patent Office
(1) Observe the deadline for reply, and the consequences of late reply are the same as those of no reply. Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can be supplemented or modified according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.
(2) formal or procedural defects can generally be eliminated through revision; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.
(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.
(4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.
8. The patent application is deemed to have been withdrawn and resumed.
If the prescribed procedures are not completed within the time limit, the application shall be deemed to be withdrawn, and the Patent Office shall issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice of deemed withdrawal, request the Patent Office to restore his rights and explain the reasons. Anyone who requests the restoration of rights shall submit the Request for Restoration of Rights, explain the justified reasons for the extension, pay the restoration fee, and complete all the unfinished procedures that should be handled.
9, patent registration procedures
Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.
10. Fees payable for registration procedures
When going through the registration formalities, there is no need to submit any documents, and the applicant only needs to pay the patent registration fee, announcement printing fee, annual fee and authorized annual stamp duty as required.
1 1, patent protection
After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the annual fee is not paid or not paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee.
12, termination of patent right
The termination of patent rights can be divided into:
(1) Term expires and terminates:
The patent right for invention shall be maintained for 20 years from the date of application, and the patent right for utility model or design shall be maintained for 10 years from the date of application, and shall be terminated according to law;
(2) Termination of unpaid payment:
After the Patent Office issues a notice of payment, informing the applicant to pay the annual fee and the late fee, if the applicant still fails to pay the annual fee and the late fee in full, the patent right shall be terminated from the date of expiration of the previous year;
(3) Termination due to the abandonment of the patent right by the patentee:
After the patent right is granted, the patentee may voluntarily request to give up the patent right at any time by submitting a statement of giving up the patent right. The date when the examiner issues the notice of waiver of patent right is the effective date, and the abandoned patent right shall be terminated from that date.
13, the patent right is invalid
From the date when the patent application is authorized, any unit or individual may request the invalidation of the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Where a patent right is requested to be declared invalid or partially invalid, it shall pay the fees in accordance with the provisions, submit a request for invalidation, specify the name and patent number of the patent requested to be declared invalid, state the facts and reasons on which it is based, and attach the necessary evidence.
If a party refuses to accept the decision on the request for invalidation of a patent, he may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be regarded as nonexistent from the beginning.
Extended data:
Benefits of patent application
1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the maximum benefit;
2. In order to take the initiative in the market competition, ensure the safety of production and sales, and prevent opponents from suing themselves for infringement (forcing them to stop production and sales due to high economic compensation);
3. The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, high-tech enterprise policies, etc.). ), and will give some policy and economic help.
The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and claim compensation) without the consent of the patentee.
5. The patent publicity effect is good.
6. Avoid the embarrassment of removing the exhibits at the exhibition.
7. It is the basis for enterprises to apply for patents on scientific research achievements.
8. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry.
Baidu Encyclopedia-Patent Application Process
Baidu Encyclopedia-Patent Application