Master the basic knowledge of patent: through elective courses.
According to three different types of patent preparation proposals:
Invention: refers to a new technical scheme proposed for a product, method or its improvement.
Utility model: refers to the new practical technical scheme put forward for the shape, structure or combination of products.
Appearance design: refers to the new design of the product's shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for industrial application.
Patent application documents:
Description, attached drawings of the description, abstract of the description, attached drawings of the abstract, claims, patent request for invention, patent request for design, patent request for utility model.
Submission of patent application documents:
If you apply for a patent or go through other formalities in China National Intellectual Property Administration, you can submit the application documents or other documents directly to the application acceptance window in China National Intellectual Property Administration or any patent agency in the Patent Office, or you can mail them to the patent agency or the Patent Office in China National Intellectual Property Administration. Please note the following when submitting documents:
(1) The application documents or documents for various formalities submitted to China National Intellectual Property Administration shall be in the format uniformly formulated by China National Intellectual Property Administration. The application documents shall be in duplicate, and the procedural documents may be in duplicate.
(2) A form can only be used for one patent application. For example, an invention patent request can only fill in one invention, and a statement of opinions can only state opinions on a patent application. It is not allowed to fill in several application statements or inventions in an opinion statement or an invention patent request.
(3) Applicants who submit all kinds of documents to China National Intellectual Property Administration should keep the manuscript, so as to ensure the consistency of document filling in the process of application approval, which can be used as a reference when replying to the review opinions.
(4) If the application documents are sent by post, a registered letter shall be used. If you can't send it by registered mail, you can use express mail instead of parcel. In addition to indicating the detailed address (including postal code) of China National Intellectual Property Administration or the patent agency, the registered letter should also indicate the words "application documents", "received by the acceptance office in China National Intellectual Property Administration" or "received by the patent agency in China National Intellectual Property Administration". The application documents should not be submitted by the courier company, and the application date should be based on the date when the China National Intellectual Property Administration courier company and the patent agency actually received the application documents. The registered letter shall only contain the application documents or other documents of the same application. When mailing, the applicant should ask the post office staff to clear the postmark date and properly keep the registered receipt stub.
(5) China National Intellectual Property Administration does not accept samples, samples or models when accepting patent applications. In the process of review, when the applicant submits a sample or model at the request of the examiner, if it is submitted in person at the China National Intellectual Property Administration window, it shall produce a notice of review opinions; The words "submit the model at the request of the inspector (name)" should be written on the email.
(6) When applying for a patent, a foreigner or foreign unit without a fixed residence or business office in China or a China resident or working abroad for a long time shall entrust the State Council to authorize a foreign-related patent agency designated by China National Intellectual Property Administration. The above applicants shall not directly mail or submit application documents to China National Intellectual Property Administration.
Where units or individuals from Hong Kong, Macao and Taiwan apply for patents, they shall also entrust foreign-related patent agencies or domestic patent agencies respectively in accordance with regulations, and shall not directly mail or submit application documents to China National Intellectual Property Administration.
Payment and reduction of application fee:
Ask for a reduction in expenses
According to the Patent Law, when applying for a patent and going through other formalities in China National Intellectual Property Administration, the fees shall be paid according to the regulations. The detailed implementation rules are as follows:
1. 1 payment method of application fee
The application fee and other fees can be paid directly to China National Intellectual Property Administration or the patent agency. An applicant who applies for a patent by post may remit the application fee through a bank or post office as required after receiving the acceptance notice, payment notice or fee reduction approval notice issued by China National Intellectual Property Administration.
At present, banks use electronic transfer and post offices use electronic remittance. When remitting patent fees through banks or post offices, the payer is required to indicate the correct application number or patent number on the remittance slip. The name of the fee paid can be abbreviated. For example, the application fee can be written as "application" and the substantive examination fee can be written as "actual examination". Moreover, the remitter must ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you must also ask the post office staff to record the complete mailing address, including the postal code.
No matter how the applicant pays the fee, if the application number and fee name are not specified, or the writing is wrong, it will be deemed that the payment procedures have not been handled.
1.2 When paying the application fee, if you personally submit the application documents to China National Intellectual Property Administration or the patent agency, you can pay the application fee after obtaining the acceptance notice.
If the application documents are mailed to China National Intellectual Property Administration, the application fee shall be paid after receiving the acceptance notice from China National Intellectual Property Administration. However, the payment date of the application fee shall not exceed 2 months from the date of application at the latest. If the application fee is not paid within the time limit, the application shall be deemed to be withdrawn. The letter of admission to China National Intellectual Property Administration will not reach the applicant until about 1 month after the applicant sends the application documents, so generally speaking, the applicant has enough time to pay the application fee.
1.3 Determination of payment date
If the application fee or other fees are paid to China National Intellectual Property Administration in person, the date of payment is the date of payment.
For remittance to China National Intellectual Property Administration, if the remittance method conforms to the above 1. 1, the actual remittance date of the bank or post office shall be the payment date. However, if it takes more than 65,438+05 days from the remittance date to the collection date in China National Intellectual Property Administration, the collection date will be the payment date in China National Intellectual Property Administration, unless the post office or bank issues a certificate and provides evidence.
The amount requested in 1.4
In addition to the basic application fee, the application fee for invention patent also includes 50 yuan for publishing and printing documents. Applications for patents for utility models and designs do not need to pay publishing and printing fees.
If the specification of a patent application includes drawings exceeding 30 pages, the application fee surcharge shall be paid according to the 50 yuan of each page from page 3 1, and the application fee surcharge shall be paid from page 30 1 00 for pages exceeding 300.
Where the claims in the patent application exceed 10, the application surcharge 150 yuan shall be paid for each additional item from 1 1.
Description surcharge and claim surcharge are also part of the application fee, so the time limit and requirements for paying description surcharge and claim surcharge and overdue treatment are the same as the application fee. The difference is that the application fee can be reduced and the surcharge cannot be reduced.
Where the applicant claims the priority, he shall also pay the priority claim fee according to the number of required priority items within 2 months after filing the patent application, and the priority claim fee shall be for each 80 yuan. The overdue priority claim fee shall be deemed as no priority claim.
Fixed 1.5 payment error
For the patent fees remitted by post office or bank, after receiving the fee receipt issued by China National Intellectual Property Administration, the patent application number, fee name, amount and remittance date listed on the receipt shall be checked in time. If errors are found, they should state their opinions to China National Intellectual Property Administration within 7 days, explaining the reasons for the errors and the correct data. The unified format (opinion statement) formulated by China National Intellectual Property Administration should be used when presenting opinions. If the mistake is the responsibility of the applicant, the date of submission of the opinion statement is the date of payment; if it is the responsibility of China National Intellectual Property Administration (the applicant should provide evidence and verify it by China National Intellectual Property Administration), the actual remittance date of the expenses is the date of payment.
If you pay the fee to China National Intellectual Property Administration in person, you should check all the items listed on the receipt immediately after issuing it in China National Intellectual Property Administration. If you find any mistakes, you should ask China National Intellectual Property Administration to correct them immediately.
1.6 consequences of not paying or not paying the application fee in full.
If the applicant fails to pay the application fee (including document printing fee, specification and claim surcharge) within 2 months from the date of filing, his patent application shall be deemed to have been withdrawn.
Although the applicant has paid the application fee, but the formalities are improper, such as incomplete or incorrect items listed in the payment form, being mailed or refunded, it will be regarded as refusal to pay, and China National Intellectual Property Administration will treat it as refusal to pay.
1.7 Reduction and exemption of application fees and other fees
If it is really difficult to apply for paying the patent fee, it may request China National Intellectual Property Administration to reduce or exempt the application fee, examination fee, maintenance fee, reexamination fee and annual fee within three years from the date of being granted the patent right. Other fees cannot be deferred (including the publication fee and surcharge paid together with the application fee).
If the application is filed and the fee is delayed, the above five fees can be delayed together after the request is approved. After the application, if an extension is required, it can only be required to extend the other four unpaid fees except the application fee. In addition to the application fee, other mitigation fees should be proposed two months before the expiration of the payment period.
Request for mitigation, it shall submit a request for mitigation formulated by China National Intellectual Property Administration. Individuals should fill in the next year's income, and if there are multiple applicants, fill in each person's annual income. If necessary, China National Intellectual Property Administration can ask for proof.
If the unit requests to postpone delivery, it shall explain the reasons (the enterprise shall also explain the profit and loss situation), and attach the certificate from the superior administrative department.
The reduction and exemption ratio of application fee, invention examination fee and annual fee for three years from the authorized year is: 70% for service inventions and 85% for non-service inventions; The reduction ratio of invention maintenance fee and reexamination fee is: 60% for service inventions and 80% for non-service inventions.
After the applicant or the patentee obtains economic benefits or other income from his invention-creation, he shall pay the mitigation fee.
1.8 refund
If the applicant overpays, wrongly pays or pays the patent fee again, it will be returned to China National Intellectual Property Administration within 1 year from the date of payment, after verification by China National Intellectual Property Administration. /kloc-submitted after 0/year, generally it will not be returned.
The applicant also paid the fee for a certain program when applying, but in fact, if the program has not been started, he can also ask for a refund. For example, after paying the request fee for substantive examination, the applicant withdraws the application before the substantive examination procedure begins, or the application is deemed to have been withdrawn, and may request a refund of the actual examination fee. However, if the application is deemed to have been withdrawn due to insufficient payment of the application fee, it shall not be required to refund part of the application fee already paid. Because the application procedure begins with acceptance, after the application is accepted, the rights and other rights that are the basis of foreign priority and domestic priority are also obtained. When the application is considered to be withdrawn, the application procedure ends.