There are three kinds of patent applications: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
Second, the acceptance conditions
According to the provisions of Article 39 of the Detailed Rules for the Implementation of the Patent Law, the administrative department for patent in the State Council shall, after receiving the request, specification (the utility model must include the appended drawings) and claims of an application for a patent for invention or utility model, or the request for a patent for design and the pictures or photographs of the design, specify the date of application, give the application number and notify the applicant.
Article 40 Under any of the following circumstances, the patent administration department in the State Council shall not accept the patent application documents and notify the applicant:
(1) The application for a patent for invention or utility model lacks the request, specification (the utility model has no appended drawings) and patent right, or the application for a patent for design lacks the request, picture or photograph;
(2) Do not use Chinese;
(three) does not comply with the provisions of the first paragraph of article 120th of these rules;
(four) the name or address of the applicant is missing in the request;
(5) It is obviously not in conformity with the provisions of Article 18 or Paragraph 1 of Article 19 of the Patent Law;
(6) The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
Three, the scope of patent application accepted by the agency
1. Acceptable patent application documents
(1) Patent application documents for inventions, utility models and designs submitted by mainland applicants in person or by post;
(2) Applications for patents for inventions, utility models and designs submitted by individuals from Hong Kong, Macao and Taiwan to mainland patent agencies in person or by post.
2. Inadmissible patent application documents
(1)PCT application documents;
(2) Patent application documents submitted by foreign applicants and legal persons from Hong Kong, Macao and Taiwan;
(3) divisional application documents;
(4) There are patent application documents requiring the declaration of priority;
(5) Other documents submitted after accepting the patent application.
Fourth, the examination and approval of the fee slowdown
(1) According to Order No.39 of China National Intellectual Property Administration Municipal Bureau, the following conditions shall be met:
Where the applicant or patentee requests fee reduction, it shall submit a request for fee reduction, and if necessary, it shall be accompanied by relevant supporting documents. The request for fee reduction shall be signed or sealed by all applicants or patentees.
If an individual requests to slow down the patent fee, he shall truthfully fill in his annual income in the request for slowing down the patent fee, and when necessary, he shall provide a certificate of his financial difficulties issued by the patent administrative department of the people's government at or above the municipal level in accordance with the requirements of the Patent Office.
Where two or more individuals * * * request for patent fee reduction and exemption, they shall truthfully fill in the annual income of each person in the request for fee reduction and exemption, and if necessary, provide the proof of their financial difficulties issued by the patent administration department of the people's government at or above the municipal level according to the requirements of the Patent Office.
Where a unit requests to slow down the patent fee, it shall truthfully fill in the economic difficulties in the fee reduction request, and attach the certificate issued by the patent administration department of the people's government at or above the municipal level.
Where an individual or unit * * * requests to slow down the patent fee, the individual shall truthfully fill in his annual income in the fee reduction request, and the unit shall truthfully fill in the economic difficulties, and attach the certificate issued by the patent administration department of the people's government at or above the municipal level.
(two) after examination, the intermediary institutions have complete procedures and meet the conditions for disaster reduction.
1. The individual slowed down by 85%;
2. Two or more individuals (including two) or individuals and units * * * the same patent application or a unit request to slow down by 70%.
3. In any of the following circumstances, the patent fee waiver request shall not be approved:
(1) Not using the fee reduction request made by the Patent Office;
(two) all the applicants or patentees have not signed or sealed the request for fee reduction;
(three) the unit or individual that requested the fee reduction failed to provide the certificate in accordance with the provisions of Article 7 of these Measures;
(4) The annual personal income of the applicant or patentee exceeds 25,000 yuan;
(5) The annual personal income of all applicants or patentees is not indicated in the fee reduction request;
(six) the applicant or the patentee is two or more units;
(seven) the name of the applicant or patentee in the request for fee reduction or the name of the invention-creation is inconsistent with the corresponding content in the patent request.