What should I do to apply for a patent?

The first step is to determine the type of patent application;

Patents include invention patents, utility model patents and design patents.

Invention patents: You can apply for invention patents for products, methods or new technical solutions proposed by improvement, such as drug formulation, production and processing technology, control methods, software control flow, etc.

Patent for utility model: a new technical scheme suitable for practical use according to the shape, structure or combination of products. Such as the structure and circuit of a specific product. The protection object of utility model patent is only limited to products with a certain shape or structure.

Design patent: a new design with aesthetic feeling and suitable for industrial application, which aims at the shape, pattern or their combination of products and the combination of color and shape and pattern. Such as food packaging boxes and bags, jewelry shapes, etc. The design patent can be the three-dimensional modeling of the product, the surface pattern of the product, or the result of both.

Note: A specific visible product structure can apply for an invention patent or a utility model patent, but only an invention patent can be applied for the formula, technological process and control method, and the design patent only protects the product appearance, not the technical scheme.

Step 2, submit the patent technology disclosure materials and the applicant's qualification certification materials;

Appearance patent:

1. Provide the name (full name), address and postal code of the applicant; The name, address and postal code of the designer; Design the phone number, fax number and contact address of the contact person.

2. Provide pictures or photos of the design;

-Pictures or photographs refer to the six orthographic views of the design product (i.e. front view, back view, left view, right view, top view, bottom view and three-dimensional view). If the views are symmetrical, you can omit a view, but you need to explain it in words;

-The scale of the views in the above pictures or photos should be consistent, and the size of the pictures or photos should be between 3cm×8cm and 15cm×22cm;

-The background of the picture or photograph shall be monochrome, and there shall be no other articles or patterns irrelevant to this design;

-For designs requiring color protection, color pictures or photographs shall be submitted;

-If you are not familiar with the requirements for making pictures or photos, we can take and make the pictures or photos needed for the application. , domestic patent official fee reference

Domestic part (RMB: Yuan)

(a) the application fee is full, and individual deceleration units decelerate.

1. Invention patent 900 135 270

The printing fee of 50 will not slow down.

2. The utility model patent 500 75 150

3. Design patent 500 75 150

(2) The examination fee for an application for a patent for invention is 2,500,375,750.

(3) Review fee

1. Invention patent 100200400

2. The utility model patent 300 60 120

3. Design patent 300 60 120

(4) The maintenance fee for the invention patent application is 300 60 120.

(5) Describe the project change fee.

1. Changes of inventors, applicants and patentees shall not be slowed down.

2. The change of entrustment relationship between patent agency and agent shall not be slowed down.

(six) the priority claim fee of 80 per item will not be slowed down.

(7) The claim fee for restoring rights is 1000, which will not be delayed.

(eight) the request fee for invalidation

1. The invention patent 3000 will not slow down.

2. 1500 The patent right of utility model will not be slowed down.

3. The design patent 1500 will not slow down.

(9) Compulsory license request fee

1. The invention patent 300 will not slow down.

2. The utility model patent 200 will not slow down.

(10) 300 yuan will not slow down the compulsory license request fee.

(eleven) patent registration fee, printing fee and stamp duty.

1. Invention patent 255 will not slow down.

2. The utility model patent 205 will not slow down.

3. The design patent 205 will not slow down.

(12) Surcharge

1. The request fee for the first extension of the time limit is 300 yuan per month, and it will not be postponed.

The request fee for extending the time limit again is 2000 yuan per month, and it will not be delayed.

2. The claim surcharge is increased from project 1 1 to project 150.

3. The manual surcharge will increase by 50 per page from 3 1 page without slowing down.

Starting from 30 1 page, the income per page will not slow down 100.

(thirteen) the suspension fee of 600 is not postponed.

(fourteen) the fee of 2400 yuan for the retrieval report of utility model patent will not be slowed down.

(15) Full annual fee

1. Invention patent

1-3 years 900 135 270

4-6 years old 1200 180 360

7-9 years old 2000 300 600

10- 12 4000 600 1200

13- 15 600090 1800

16-20 8000 1200 2400

2. utility model

1-3 years 600 90 180

4-5 years 900 135 270

6-8 years old 1200 180 360

9- 10 2000 300 600

Step 3 design

1-3 years 600 90 180

4-5 years 900 135 270

6-8 years old 1200 180 360

9- 10 2000 300 360

Note: ① The assessment fee is reduced or exempted according to two standards: 80% and 60%. ② After authorization, the annual fee for three years can be deferred.

Utility models and inventions:

1. Provide the name (full name), address and postal code of the applicant; The name, address and postal code of the designer; The telephone number, fax number and contact address of the contact person who implements the invention or utility model.

Two, the client shall provide the following patent application documents:

-[Description] shall give a clear and complete description of the invention, subject to the realization of the technical personnel in the technical field;

-[The patent claim] shall specify the scope of patent protection on the basis of the specification;

-[Abstract] The technical points of the invention shall be briefly explained;

-[Description of drawings] (To apply for a utility model, there must be a description of drawings to supplement the description in the text of the manual, so that people can intuitively and vividly understand the technical features and overall technical scheme of the invention;

-【 abstract drawings 】 The drawings that best illustrate the invention or utility model.

3. If the client cannot provide the patent application documents according to the above two requirements, please submit a technical disclosure material, which consists of the following eight parts:

-Name of the invention: the technical theme of the invention should be briefly and accurately indicated, with no less than 25 words;

-Technical field: the technical field to which the invention belongs or is directly applied;

-Existing technology: state the background technology useful for understanding, searching and examining the invention, objectively point out the problems and shortcomings of the existing technology, and lay the foundation for the purpose of the invention;

Objective: To describe the specific problems to be solved in the invention in a positive and concise language;

—— technical scheme and key points of invention: clearly and completely explain all new technical means and measures adopted to solve the problems existing in the existing technology or complete the invention task;

Beneficial effects: compared with the prior art, the invention has advantages and positive effects;

-Attached drawings and their brief descriptions: including schematic diagram, flow chart, block diagram and circuit diagram, etc.

Embodiments: One or more best modes for carrying out the invention.

Step 3, the two parties sign an agency agreement, and the agent begins to write a full set of patent application documents;

After receiving the patent technology disclosure materials, the patent agent conducts relevant retrieval and analysis, and begins to write patent application documents. During this period, he will communicate with the applicant many times to ensure that the patent application documents are complete and correctly express the inventor's invention and creation.

The writing time of patent application documents is generally 1-2 weeks, depending on the complexity of the patent.

Step 4, submit the patent application documents to the State Patent Office and obtain the patent acceptance notice;

After the applicant confirms the patent materials, the agent submits the patent application documents to the State Patent Office and obtains the patent acceptance notice.

Step 5, the applicant receives the patent acceptance notice;

When the applicant receives the patent acceptance notice, the patent application stage is over.

The sixth step is the examination stage of invention patents (there is this procedure for invention patents, but not for utility model patents and design patents);

Seventh, the stage of patent authorization;

After examination and approval by the State Patent Office, a patent authorization notice will be issued, and the customer will pay the annual patent fee and related expenses and receive a patent certificate.

The eighth step, matters needing attention in the later stage;

The legal protection period of design patents and utility model patents is ten years;

The legal protection period of the invention patent is twenty years;

The patentee shall pay the annual fee to the Patent Office in time to avoid the premature termination of the patent right.