The utility model patent is one of three kinds of patents (invention, utility model and design), and utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Application process of utility model patent
1, application stage
The application documents for utility model shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted.
2. Review stage
In the process of preliminary examination, the examiner will issue a notice of correction for formal problems in the application documents and a notice of examination opinions for obvious substantive problems, and the applicant will reply to the notice. The utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application.
3. Authorization stage
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: Applicants can obtain patent certificates after going through the registration procedures, which takes about 2-3 months.
Application time of utility model patent
The application for a patent for utility model is divided into application stage, examination stage and authorization stage; Unlike invention patents, utility model patents have no substantive examination, so the application time is much shorter than invention patents, and it takes about 6-8 months to apply for utility model patents.
How much does it usually cost to apply for a utility model patent?
1. Application fee: 500 yuan.
2. Patent registration and stamp duty: 205 yuan in total.
3. Annual fee:
The patent protection period of utility model is 10 year, and the annual fee is paid, which is divided into four stages:
The first stage 1-3 years, with annual fee of 600 yuan;
The second stage is 4-5 years, and the annual fee is 900 yuan;
The third stage is 6-8 years, and the annual fee is 1200 yuan;
The fourth stage is 9- 10 years, and the annual fee is 2000 yuan.
The difference between utility model patent and invention patent
1, different performance
Invention patent: novelty, creativity and practicality.
Patent of utility model: its creativity and technical level are lower than that of invention patent, but it has great practical value.
2. Different protection objects
Invention patent: a new technical scheme proposed to protect a product, method or improvement.
Patent for utility model: a new technical scheme that is suitable for practical use and only protects the shape and structure of the product or its combination.
3. Different approval procedures
Invention patent: The examination and approval procedure of application includes five stages: acceptance, preliminary examination, publication, actual examination and authorization.
Patent of utility model: there are only three stages: acceptance, preliminary examination and authorization.
4. The review cycle is different.
Invention patent: It usually takes about one and a half years to get a patent certificate, and it may take 2-3 years or even longer in some technical fields.
Patent for utility model: Generally, you can get the patent certificate in about 6 months.
5, the protection period is different
Invention patent: the term is 20 years.
Patent for utility model: the term is 10 year, counting from the date of application.