Patents only protect the technical scheme and design of products, not creativity. However, the specific implementation under this idea can be applied, and whether it is authorized or not needs to be reviewed.
I have only one idea. For example, I can't write a code or make a model for the timed shutdown function of TV, but others didn't think of it, so I want to apply for a patent. Is it okay?
Patents do not protect creativity, so there must be specific implementation methods. Simply put, you can get a product by looking at your technical data. You said you couldn't write code. If this piece is mature existing technology, you only need to draw a block diagram. If not, you can ask an electronic designer to help you draw it to support your product to be completely copied and manufactured.
3. Another example is the automatic temperature change function of the air conditioner, which can be set. It is stipulated that the temperature of the air conditioner should be adjusted to 18 degrees at 2 pm and 19 degrees at 3 pm. But I will do it together, but this is my first thought. Can I apply for such a patent?
See the answers to questions 1 and 2 above.
This is the first point. Can I apply? The second point, how to apply, what to have and how much to spend, please ask experts in the industry to give directions.
As follows:
――――――――――――――
First, how to apply for a patent?
1, I am familiar with the patent application procedure and apply for it myself. After writing the relevant documents, I will send them directly to China National Intellectual Property Administration for application;
2. Not familiar with the patent application procedure, entrust a legal agency to apply for a patent.
Second, how much is it?
The expenses are as follows (RMB)
The application fee for invention patent is 900 135 (85% reduction for individuals).
50% of the invention patent printing fee will not be reduced.
The examination fee for invention patent application is 2500 375 (85% for individuals).
The cost of the invention patent authorization certificate 255 will not be reduced.
Annual fee for invention patent 1-3 years, 900 135 (85% reduction for individuals).
Omission of other years
The application fee for utility model and appearance patent is 500 75 (85% for individuals).
205' s utility and appearance authorization certificate fee will not be reduced.
Annual fee of utility model and appearance patent 1-3 years 600 90 (85% reduction for individuals).
Omission of other years
1. If you apply to pay the above fees yourself.
2. If it is an entrusted agent, apply to pay the above fee+agency fee (the agency fee varies greatly from place to place, at least above 3,000).
Third, how long will it take to get down?
1. Authorization notice with appearance and utility for 4~6 months without any modification, and then authorization notice with certificate for about 3 months;
2, 3~6 years of invention.
4. What is the procedure for applying for a patent?
Submitted to China National Intellectual Property Administration:
1. Invention-invention patent request, specification, appended drawings (optional), claims, abstract, appended drawings of abstract (optional), expense reduction request (optional), advance publication (optional), substantive examination request, and authorization that has passed the examination;
2, the utility model patent request, specification, drawings, claims, abstract, abstract drawings, cost reduction request (optional), review qualified authorization;
3, appearance-appearance patent request, pictures or photos (preferably 6 views+three-dimensional), brief description, cost reduction request (optional), review qualified authorization;
If you are not familiar with the application process, you can entrust an agency to complete it.
Thanks in advance. ~
You're welcome. All corners of the country are brothers.
Question 2: Can an idea be patented? How to apply? Not necessarily, unless your idea is feasible, original, unrepeatable and can produce economic benefits, you can apply.
Question 3: If I only have one idea, can I apply for a patent? Yes, inventions and utility models that are granted patent rights should be novel, creative and practical.
novel
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
creativity
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.
feasibility
To judge, the following conditions should be met:
The patent law stipulates: "Practicality means that an invention or utility model can be manufactured or used and can produce positive effects."
Being able to manufacture or use means that the invention can be manufactured in large quantities in industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time has a positive effect. It must be pointed out here that the patent law does not require that an invention or utility model has been put into production practice before applying for a patent, but it can be realized in the production of industries such as industry and agriculture through analysis and inference.
not obvious
Non-obviousness: the patented invention must be obviously different from the existing technology. Therefore, a patented invention must be a significant improvement on the existing technology or knowledge, not just a significant improvement on the known technology or knowledge. This rule is to prevent inventors from submitting patent applications with only minor modifications to existing products. It is not in line with the progressive spirit of this patent to use the known technology or to be familiar with this kind of technology, regardless of whether the efficacy is increased or not; The idea that people in this major or technical field want is obvious and can't apply for a patent.
Moderate disclosure
Full disclosure: In order to promote industrial development and give inventors exclusive benefits, inventors need to fully describe the structure and use of their inventions, so as to facilitate others to implement the invention after obtaining the consent of the inventors or the patent expires, or to realize the invention through patent authorization, reuse and re-invention. In this way, a valuable invention can contribute to the development of society and the country.
Question 4: Under what circumstances can I apply for a patent? An idea or idea or improvement of a product can be patented, but in some cases, such as scientific common sense and some remedial measures, it is impossible to apply for a patent.
The application period of invention patent is about 26 months, utility model is about 9 months, and appearance is about 8 months.
Patents can be transferred for sale.
The website of the State Patent Office can search whether there is infringement, etc. sipo.gov/sipo2008/
What is a patent?
Patent mainly refers to patent right. Patent right is a kind of exclusive right, which refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law. Why get a patent?
Patents can protect technological innovation and innovation. Anyone who invents, creates or improves a new practical process method, machine, product or material component may apply for a patent. Most countries in the world have their own patent systems. After obtaining a patent in a country, the patentee has the right to prevent others from implementing his invention in this country. In most countries, the most radical patent protection period is 20 years. In order to maintain the validity of the patent, it is necessary to pay an annual fee, usually once a year. Many countries outside the United States refuse to provide patent protection for inventors who disclose their inventions before applying for a patent, so inventors should avoid publishing or selling their inventions before applying for a patent. Types, duration of protection and examination methods of patents.
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
Invention refers to a new technical scheme proposed for a product, method or its improvement. The application for a patent for invention shall be subject to the system of early publicity and deferred examination, and the protection period shall be twenty years, counting from the date of application.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.
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. The design patent shall be subject to the preliminary examination system, and the protection period shall be ten years, counting from the date of application.
The applicant should consider which patent is more suitable for application in combination with the technical level, commercial value, market life and cost of the invention and creation.
Conditions for granting a patent right:
1, does not violate national laws and social ethics, and does not hinder public interests.
2. Contents and technical fields for which patent rights are not granted as stipulated in the Patent Law: 1) Scientific discoveries 2) Intellectual activities 3) Methods for diagnosis and treatment of diseases 4) Species of animals and plants 5) Methods for producing products listed in item 4) above with substances obtained by nuclear transformation may be granted patent rights in accordance with the Patent Law.
3. Patented inventions and utility models shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention was published in domestic and foreign publications, used in China or otherwise known to the public, and no identical invention or utility model was applied for a patent in China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, 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.
4. The grant of the patent right and the design shall be different from or not similar to the design published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the legal rights obtained by others in advance.
Preparation before patent application:
1) Keep it confidential.
2) Feasibility analysis: Search for patents at home and abroad, consult relevant professional punishments, understand the current situation of mastering similar technologies or products, analyze the feasibility of obtaining patents, and avoid the waste of manpower, material resources and financial resources.
Two ways to apply for a patent:
1, self-service application
Patent applicants mail their applications directly to China National Intellectual Property Administration Patent Office, or handle special applications outside their agency ... >; & gt
Question 5: Can you apply for a patent just by thinking? 200 points is fine. According to the patent law, as long as an idea is feasible in theory and can be realized by ordinary technicians in this field, this so-called idea can be patented. In other words, it is not necessarily the finished product or the technology that has been applied in production that applies for a patent.
Question 6: Can a creative idea, that is, a feasible scheme, be patented? First of all, the answer is: Yes, this idea can be patented.
Secondly, fully (but not completely) explain your innovation (that is, the difference compared with existing similar technologies). Whether used alone or embedded in other applications, this innovative scheme can be protected in patents.
Finally, the authorization requirements of invention patents are relatively high, with high risks, high costs and long time-consuming, so please consider them carefully.
Question 7: Can an idea be patented? For example, is the express delivery similar to a theme restaurant or something? Names can be registered as trademarks and then designed and decorated in copyright registration. If you don't do it, there will always be people who think of doing it later. It is better to do it early, do the preliminary work well and seize the market.
Question 8: Can an idea be patented? number
According to the patent law, an invention patent refers to a new technical scheme proposed for a product, method or its improvement.
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
Design patent refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of product and the combination of color and shape and pattern.
The conditions for granting the patent right are as follows:
Inventions and utility models granted patent rights in accordance with Article 22 of the Patent Law shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, 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.
According to Article 23 of the Patent Law, a patented design does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Question 9: Can an idea be patented? Necessary conditions for patent application:
1. Prepare patent application documents, including patent application request, specification, patent claim and pictures of patented products;
2. Invention and creation must have three characteristics of patent (novelty, creativity and practicality). The specific requirements are mainly that the invention is not patented and the invention is not disclosed;
3. China's patent examination system is: early disclosure and request examination system (substantive examination) are adopted for invention patent applications; Formal examination of utility model patents and design patents. (The so-called formal review is also called registration system or non-review system. The main contents of the review are whether the application documents meet the requirements and whether the invention is repeated. After publication in the Gazette, if there is no objection within the time limit, it will be authorized)
4. After everything is ready, you can submit the patent application documents, or entrust an agency such as Patent Baba to submit the patent application documents on your behalf, which can be accepted on the same day and protected by law.
According to you, we should first see if there are any related pen holders in the market. Oh, you can only apply if there is no similar one.
As long as the idea can be realized, you can apply for a patent. To apply for a patent, it is not necessary to design a specific product. For more patent application questions, please come to Baiteng Patent Baba for consultation.
Question 10: patent application-only a general idea, can I apply for a patent? 1, I have an idea, I don't know if I can apply for a patent, please ask experts in the industry to give me some advice:
Patents only protect the technical scheme and design of products, not creativity. However, the specific implementation under this idea can be applied, and whether it is authorized or not needs to be reviewed.
I have only one idea. For example, I can't write a code or make a model for the timed shutdown function of TV, but others didn't think of it, so I want to apply for a patent. Is it okay?
Patents do not protect creativity, so there must be specific implementation methods. Simply put, you can get a product by looking at your technical data. You said you couldn't write code. If this piece is mature existing technology, you only need to draw a block diagram. If not, you can ask an electronic designer to help you draw it to support your product to be completely copied and manufactured.
3. Another example is the automatic temperature change function of the air conditioner, which can be set. It is stipulated that the temperature of the air conditioner should be adjusted to 18 degrees at 2 pm and 19 degrees at 3 pm. But I will do it together, but this is my first thought. Can I apply for such a patent?
See the answers to questions 1 and 2 above.
This is the first point. Can I apply? The second point, how to apply, what to have and how much to spend, please ask experts in the industry to give directions.
As follows:
――――――――――――――
First, how to apply for a patent?
1, I am familiar with the patent application procedure and apply for it myself. After writing the relevant documents, I will send them directly to China National Intellectual Property Administration for application;
2. Not familiar with the patent application procedure, entrust a legal agency to apply for a patent.
Second, how much is it?
The expenses are as follows (RMB)
The application fee for invention patent is 900 135 (85% reduction for individuals).
50% of the invention patent printing fee will not be reduced.
The examination fee for invention patent application is 2500 375 (85% for individuals).
The cost of the invention patent authorization certificate 255 will not be reduced.
Annual fee for invention patent 1-3 years, 900 135 (85% reduction for individuals).
Omission of other years
The application fee for utility model and appearance patent is 500 75 (85% for individuals).
205' s utility and appearance authorization certificate fee will not be reduced.
Annual fee of utility model and appearance patent 1-3 years 600 90 (85% reduction for individuals).
Omission of other years
1. If you apply to pay the above fees yourself.
2. If it is an entrusted agent, apply to pay the above fee+agency fee (the agency fee varies greatly from place to place, at least above 3,000).
Third, how long will it take to get down?
1. Authorization notice with appearance and utility for 4~6 months without any modification, and then authorization notice with certificate for about 3 months;
2, 3~6 years of invention.
4. What is the procedure for applying for a patent?
Submitted to China National Intellectual Property Administration:
1. Invention-invention patent request, specification, appended drawings (optional), claims, abstract, appended drawings of abstract (optional), expense reduction request (optional), advance publication (optional), substantive examination request, and authorization that has passed the examination;
2, the utility model patent request, specification, drawings, claims, abstract, abstract drawings, cost reduction request (optional), review qualified authorization;
3, appearance-appearance patent request, pictures or photos (preferably 6 views+three-dimensional), brief description, cost reduction request (optional), review qualified authorization;
If you are not familiar with the application process, you can entrust an agency to complete it.
Thanks in advance. ~
You're welcome. All corners of the country are brothers.