The way to apply for a patent
(1) Entrusting a patent agency recognized by the state to handle it.
(2) The applicant directly files an application with the State Patent Office of China.
Patent application process
(1) Application for a patent for invention 1, examination and approval process of an application for a patent for invention Patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization 2. Documents 1) required to apply for an invention patent: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc. 2) Description: including the name, technical field, background technology, invention content, attached drawings and specific implementation methods of the invention patent. 3) Claim: Explain the technical features of the invention, and clearly and concisely state the content to be protected. 4) Drawings in the specification: Invention patents often have drawings. If only words can describe the technical scheme clearly and completely, there is no need for drawings.
(II) Examination and approval process of utility model patent application 1, utility model patent application-acceptance-preliminary examination-announcement-authorization 2. Documents 1) required to apply for a patent for utility model: including the name of the patent for utility model, the name of the inventor or designer, the name and address of the applicant, etc. 2) Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field. 3) Claim: Explain the technical features of the utility model, and clearly and concisely state the contents of the requested protection. 4) Illustration: The patent for utility model must have attached drawings. 5) Description summary: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.
(3) Application for patent for design 1, application for patent for process design-acceptance-preliminary examination-announcement-authorization 2. Documents to be submitted for the design patent 1) request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc. Design pictures or photos: at least two groups of pictures or photos (front view, back view, top view, bottom view, left view, right view and, if necessary, stereoscopic view) Brief description of design: Brief description of design shall be submitted if necessary.
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Patent application fee
1. Application fee
The application fee shall be paid within two months from the date of application. The fees paid at the same time as the application fee also include the publication and printing fee of the application for a patent for invention and the application surcharge. Where the priority is claimed, the priority claim fee shall be paid at the same time. If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
When the number of pages in the description (including drawings) exceeds 30 pages or the number of claims exceeds 10, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.
The amount of priority claim fee is calculated according to the number of items claiming priority. Failing to pay or pay in full within the prescribed time limit shall be deemed as not claiming priority.
2. Substantive examination fee for an application for a patent for invention
Where the applicant requests substantive examination, it shall submit a request for substantive examination and pay the substantive examination fee. The time limit for paying the substantive examination fee is three years from the date of application (if there is a priority requirement, from the earliest priority date). If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
3. The patent fee decreased
If it is really difficult for the applicant or the patentee to pay the patent fee, he may request a postponement. There are five kinds of fees that can be reduced or exempted: application fee (printing fee and surcharge are not reduced), examination fee for invention patent application, reexamination fee, maintenance fee for invention patent application, and annual fee for three years from the year when the patent right is granted. Other expenses will not be delayed. Where a patent fee is requested to be reduced or exempted, it shall submit a request for fee reduction and exemption, truthfully fill in the economic income status, and attach relevant supporting documents when necessary.
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