In fact, once you know it, you will feel that the patent is not far away from you.
The first is the principle that inventions and utility models that are granted patent rights should be novel, creative and practical.
Then there is classification. In China's patent law, there are: invention patent, utility model patent and design patent.
(1) Let's talk about simple utility model patents:
The definition of utility model in the third paragraph of Article 2 of China's Patent Law is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like inventions, utility models protect technical solutions, but the scope of utility model patents is narrow, only protecting new products with a certain shape or structure, and not protecting methods and substances without fixed shapes. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
Did you get to the point?
Low technical level. In other words, if you go to the construction site and find out boldly, as long as no one else has reported it (China National Intellectual Property Administration and official website enter keywords to search for novelty), you can report it boldly.
Review time is short. The examination and authorization time of utility model is generally about 10 months, and the patent office does not do retrieval and comparison work (that is, substantive examination), so the time is short.
(2) Invention patents:
The definition of invention in the second paragraph of Article 2 of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement." The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
Did you catch the point again?
This method can apply for invention patents, such as "adjustable small radius bridge erecting machine and bridge erecting method" and "underground continuous wall water leakage detection method", otherwise it cannot apply for utility model patents.
Invention patents do not seek technical achievements that can be directly applied to industrial production through practice. What? In other words, you can think of everything, so why don't you think of two quickly? For example, "a method of self-hypnosis at work" (joke).
The examination of invention patents takes a long time. The application process of invention patent is: submission of application, preliminary examination, publication, actual examination and announcement of authorization. It takes eighteen months for a single invention patent to be published, so it takes two to three years from application to authorization. Are you ready in advance?
Of course, there is another kind of patent, called design patent, which is not so closely related to us, so I went to my own mother.
In a word: any technology in the world can be patented, but have you found it?
Second, the way of patent declaration
You just need to write a patent application technical disclosure, describe the project you want to declare clearly and send it to the Ministry of Science and Technology. We will ask the agency to revise and write a claim, and you only need to cooperate moderately.
How to write the technical disclosure book?
Third, the technical disclosure requirements
I. Classification of patents
Invention patent: refers to a new technical scheme proposed for a product, method or its improvement. Its characteristics are as follows: firstly, the invention is a new technical scheme. It is a technical scheme to solve various problems in production, scientific research and experiment by using natural laws, and generally consists of several technical features. Secondly, inventions can be divided into product inventions and method inventions.
Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. First of all, the utility model is limited to products with a certain shape, and it cannot be a method or a product without a fixed shape. Secondly, the creativity of the utility model is not too high, but it is practical.
Second, the technical field.
Indicate the technical field to which the technical scheme for protection belongs, and it shall be the specific technical field to which it belongs or is directly applicable.
Third, background technology.
If possible, the background technologies useful for understanding, searching and examining the invention or utility model shall be stated, and documents reflecting these background technologies shall be cited.
Fourth, the content of the invention
In view of the defects and deficiencies in the existing technology, the technical problems to be solved by the invention or utility model are objectively reflected in positive and concise language, and the beneficial effects of the invention or utility model are stated relative to the existing technology. ..
Verb (abbreviation of verb) concrete implementation plan
1. Formula inventions: provide its components, proportions and numerous examples, explain its efficacy in combination with test data, and briefly describe its manufacturing method.
2. Construction method invention category: construction steps, construction process conditions and process parameters shall be provided, and flow charts may be provided. The technical scheme should point out the parts and key points of the invention and innovation, which is conducive to determining the scope of patent protection.
3. Product invention and utility model: clearly and completely explain the overall structure of the product, the names, structures and connection relationships of each component, and explain its working principle. If the mechanical product has a circuit part, it is necessary to provide the principle block diagram and circuit diagram, and explain the working process of the circuit part according to the principle block diagram and circuit diagram. If the product involves software, you need to provide a flowchart and explain each step of the flowchart in detail.
Beneficial effect and advantages of intransitive verb
Aiming at the shortcomings of the prior art, the invention points out the beneficial effects and advantages.
Seven, submit the appended drawings
Where drawings are involved, drawings shall be submitted. Depending on the specific situation, it is mainly to submit the product structure diagram, schematic diagram, circuit diagram and construction process flow chart.