How to apply for a patent for soap?
Capable technology is the primary productive force, and intellectual property is undoubtedly the core technology. Therefore, only when enterprises have independent intellectual property rights can they have industrial competitiveness. Since 200 1 China joined WTO, as an intangible asset, patent right has been paid more and more attention by domestic enterprises. Then, as a legal person enterprise, how to apply for a patent for its own products? First of all, we must seize the time of patent application. Because patents have the principle of "first come, first served", generally speaking, the time to apply for patents should be sooner rather than later, and obtaining patents (or even application numbers) as soon as possible will win business opportunities as soon as possible. Patent work should start at the early stage of product development, and it is best to submit the application documents before the trial production is completed and put on the market. If the product needs to be further improved after it is put on the market, that is, the so-called second-generation and third-generation products are launched, then we can add new patents and put forward new claims on the basis of the original application. At this time, we still enjoy the advantage of "first come, first served", that is, in similar patent applications, those who have applied for related patents have priority. Some enterprises keep a low profile in patent application, for fear that their core technology will be mastered and copied by the same industry at the same time when the patent is announced, which is not conducive to improving the market share of their products. This has entered the misunderstanding of intellectual property protection. We must believe that the market competition mechanism is developing in the direction of "fairness, justice and openness". Our patent announcement is not convenient for counterfeiters, but more effective in cracking down on unfair competitors such as infringement. The second step is to determine the way of enterprise patent application. First, the patent is applied by the enterprise itself, that is, the patent documents are written by the internal staff of the enterprise, and then directly submitted to the local or China National Intellectual Property Administration Patent Office in written or electronic form for acceptance; Second, enterprises entrust patents to intellectual property agencies, and patent documents are written and submitted by patent agents; Third, the patent application is completed by the cooperation between the enterprise and the intellectual property agency, which plays the role of consultation and service, while the patent documents are written and revised by the professional and technical personnel within the enterprise under the guidance of the agency. In order to ensure the smooth progress of patent application, in the first way, it is necessary to require the internal personnel who do patent work to have patent application experience, be familiar with the steps, processes and formats of relevant patent documents, and not take detours to artificially lengthen the application time. The second way highlights the principle of "because you are professional, you can rest assured". But when looking for a patent agent, in order to make the patent application more smooth, we should also pay attention to the agent's agent direction. At present, patent agency is generally divided into three directions: mechanical, chemical and electronic. Therefore, agents are also "specialized in the industry" and specialized in the industry. The third way highlights the team spirit of "strong cooperation", which we strongly advocate. Enterprises and agencies complement each other in patent applications, which will get twice the result with half the effort. When choosing the way to apply for a patent, enterprises should not only consider the above problems, but also consider their own economic strength, because patent application still needs to pay related fees. The related expenses of patent application include two parts: one part is the application fee, annual fee and examination fee of the invention patent application submitted to the China National Intellectual Property Administration Patent Office, and the other part is the patent agency, retrieval, consultation and service fee submitted to the intellectual property agency. In order to encourage patent applications, the state and local governments have introduced different incentive policies accordingly. Therefore, for enterprises with real difficulties, a large part or even all of the expenses of the first part can be reduced if the relevant certification procedures are complete. As for the cost of the second part, the agency fee in the market is uneven at present, and there is no relevant industry standard. As far as Shanghai is concerned, the agency fee for each invention patent is generally 3500 ~6000 yuan (including the agency fee for actual trial); Each utility model patent is: 1000 ~ 3000 yuan; 500 yuan ~ 1500 yuan for each design patent. This part of the cost can not be reduced, and should be planned in the financial budget of the enterprise in advance. The third step is to determine the type of patent application. Patent types are divided into invention patents, utility model patents and design patents. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. It is generally believed that inventions are more scientific than utility models. In fact, there is no essential difference between invention and utility model in content requirements, but there are differences in approval procedures and patent protection years. In the process of patent application, invention patents need substantive examination, and the examination and approval time will generally be extended to 2 to 3 years, while utility model patents do not need substantive examination, and the examination and approval time will be reduced to 8~ 10 months. After the patent is granted, the right protection period of the invention patent is 20 years, while the utility model patent is 10 years. Therefore, in the actual operation of patents, enterprises can determine the application type according to the specific properties of products. If the product's new technology content is not high (compared with the published patents), and it is eager to occupy the market, it is expected that it can only exist in the market for a short time (or be eliminated or updated), then the application type is utility model. Otherwise, the technology content of the product is very high (relative to the published patent), and if you want to occupy the market for a long time, or it is easy to launch new products on this basis, then the patent will be applied as an invention. For the design patent, we should be more eager for quick success and instant benefit, which is generally applicable to the shape protection of fashion products. Finally, our enterprise should fill in the form and go through the relevant formalities and certificates. If an enterprise uses an agency in patent application, after signing a "patent application agency contract" with the agency (generally drawn up by the agency), the agency has the obligation to remind you how to do these things, and just follow their tips step by step. Including sorting out the relevant technical documents and materials of products, filling in and stamping the Patent Power of Attorney (provided by China National Intellectual Property Administration Patent Office), examining and approving the application documents written by patent agents, proving the company's economic benefits to the competent authorities and submitting a request for fee reduction (if applying for patent fee reduction), etc. If an enterprise wants to apply on its own, it should first go to China National Intellectual Property Administration website (China National Intellectual Property Administration website is:/) to download (or get it from the local patent department, or apply for mailing it to the comprehensive office of the preliminary examination and process management department of the Patent Office) the required forms and descriptions, including: the request (divided into three types: invention patent request, utility model patent request and design patent request) and patent claim (universal for inventions and utility models). Description (common to inventions and utility models), attached drawings (common to inventions and utility models), abstract (common to inventions and utility models) and attached drawings (common to inventions and utility models). If it is an invention, you need to download the Request for Substantive Examination and submit it at the later stage of application. In addition to the design patent request, you also need to download the design pictures or photos and a brief description of the design. For the above three kinds of patents, enterprises need to download the Request for Fee Reduction and Exemption if they want to reduce the patent fees. These are all necessary documents to apply for a patent. If under special circumstances, the patent needs compulsory license or requires early disclosure, etc. You need to download the relevant forms. Then, enterprises should search related patent literature, carefully analyze and compare related patents, so as to "know yourself and know yourself", thus highlighting the "novelty" of their patents, making their patents "targeted" and avoiding the trouble of infringement. All the above are preparatory work. Next, please fill in the form carefully according to the instructions. Among them, the patent request is the basis for determining the type of patent application, and one of invention, utility model or design should be selected according to the needs. The specification is a clear and complete description of the patent application, and its goal is "to be realized by technicians in their respective technical fields". The patent claim is based on the specification, explaining the technical characteristics of the patent application and clearly and briefly stating the scope of patent protection. There are generally no illustrations in the manual, so the attached drawings are a powerful supplement to the manual. The drawings should be drawn with drawing tools and black ink, and the instructions should be coded with numbers to avoid text. In addition, if you want to apply for a patent, you must also submit an abstract of the specification, which is a summary of the contents disclosed in the application and is limited to 300 words. Attached drawings, usually one of them, should also be submitted. To apply for a patent for design, a picture or photograph of the design shall be submitted, with a brief explanation if necessary. This process is the key in patent application, which needs to be carefully scrutinized again and again. All this is done, and then it's time to submit the documents. The application documents can be submitted in person or mailed to China National Intellectual Property Administration Patent Office or its local representative offices. If you want to apply for patent fee reduction, you must go to the higher authorities (such as the local intellectual property office) to issue a "certificate of unit economic benefit" and fill out an "application for fee reduction" and submit it together with the patent application documents. Do you know anything about patent application through the above introduction? Do you think it's not too much trouble for our company to apply for product patents? Then act quickly! Apply for a patent as soon as possible to protect the intellectual property rights of your own enterprise!