1. Applicants apply by themselves (submit application documents to the Patent Office or local agency and pay relevant fees).
2. Entrust a patent agency to apply. Generally, professional organizations should be entrusted to avoid reducing the authorization rate or coverage due to insufficient understanding of relevant legal knowledge or related procedures.
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. To apply for different types of patents, you need to prepare different documents.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with the attached drawings of the specification when necessary), the patent claim, the abstract and the attached drawings (with the attached drawings of the specification) in duplicate.
(2) To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(3) Where an application for a design is filed, the application documents shall include: a request for a patent for design, and a picture or photograph in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(4) Where a company applies for a patent, the application documents shall include a copy of the business license of the enterprise as a legal person and the organization code certificate (with official seal) in duplicate, and the inventor's ID number shall also be submitted in duplicate. Address, postal code, telephone number and other means of communication.
(5) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and shall also submit the address, postal code, telephone number and other communication methods of the applicant.
Individual patent applications need to go to China National Intellectual Property Administration to apply. China National Intellectual Property Administration manages the national patent work (including foreign-related intellectual property affairs; There is no administrative law enforcement power to directly handle and mediate patent disputes; It has the function of guiding the formulation and implementation of local laws and regulations and designating jurisdiction); Accept and examine patent applications in a unified manner and grant patent rights according to law (local intellectual property offices have no function to examine and grant patent rights).
Specific to how to declare a patent, you can hire a patent agency to write patent application documents and submit the application documents to the State Intellectual Property. Those who meet the requirements for granting a patent right after the examination of national intellectual property rights can obtain a patent right.
To apply for different types of patents, you need to prepare different materials.
(1) To apply for a patent for invention, the application materials shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate.
(2) To apply for a patent for utility model, the application materials shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(3) To apply for a design, the application materials shall include: a request for a design patent, a picture or photograph of the design, a brief description of the design, etc.
Legal basis:
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 26. To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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.