What processes do chemical enterprises need to apply for patents?

1. Invention patent 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 so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. 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. 2. Patent for Utility Model The definition of utility model in the third paragraph of Article 2 of China's Patent Law is: "Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. 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". 3. Patent for Design The definition of design in Paragraph 4 of Article 2 of China's Patent Law is: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern." Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model. ? Patent domestic application domestic patent application, pct international application 1. How to Apply for a Patent You should submit the necessary application documents and pay the fees as required. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original. 2. How to arrange the application documents when submitting the application? The application documents for a patent for invention or utility model shall be arranged in the following order: the request, the abstract of the specification, the appended drawings of the abstract, the patent claim, the specification and the appended drawings of the specification. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with Arabic numerals respectively. 3. The paper quality of the application documents requires that the paper quality of the application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper. The paper of application documents should be used vertically. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the consulting office in the reception hall of the Patent Office, from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration. 4. Writing and writing of application documents require that all parts of the application documents be written in Chinese characters. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated in brackets after the Chinese translation. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents (including the request) shall be typed or printed in Song Dynasty, Imitation Song Dynasty or italics, and the handwriting shall be black, with a word height of 3.5-4.5 mm and a line spacing of 2.5-3.5 mm. If two documents need to be submitted, one is the original and the other is the copy, and the contents of the two documents shall be consistent. If there are drawings in the application documents, they shall be drawn with ink and drawing tools, or with drawing software, and the lines shall be uniform and clear, and shall not be altered. Do not use engineering blueprints. 5. The singleness of patent application requires that the application for a new patent for invention or utility model should be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more product designs used in the same category and sold or used in sets, may be submitted as one application. 6. There are specific requirements for the filling and writing of the application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. 7. Acceptance of Patent Application After receiving the patent application, the Patent Office's acceptance office or the agencies of the patent offices shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. If the number of application documents submitted by the applicant to the acceptance office of the patent office or the agency of each patent office is less than 10, it will be examined whether the application meets the acceptance conditions, and if it meets the acceptance conditions, an acceptance notice will be made on the spot. 8. Notice of Acceptance If the application documents are sent to the acceptance office of the Patent Office, you can receive the notice of acceptance from the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) in about one month. If the acceptance conditions are not met, you will receive a rejection notice and a copy of the returned application documents. If the notice from the Patent Office has not been received for more than one month, the applicant shall promptly check with the reception desk of the Patent Office to find out the possible loss of the application documents or notices in the mail. 1. Ways to apply for a patent At present, there are two ways for China applicants to apply for a patent abroad: 1) The traditional Paris Convention way: if they want to obtain patents from multiple countries, they should submit their applications to the patent offices of multiple countries within 12 months from the priority date and pay the corresponding fees. In this way, applicants may not have enough time to prepare documents and raise fees. 2)PCT method: directly submit the application written in Chinese or English to China National Intellectual Property Administration, China within 12 months from the priority date. Once the international application date is determined, the application will have the effect of formal national application in all PCT member countries from the international application date. The applicant shall, within 30 months from the priority date, submit the translation of the application to the patent offices of several countries that wish to obtain a patent, and pay the corresponding fees. 2. The meaning of international application An international patent application refers to an application filed under the Patent Cooperation Treaty, also known as a PCT application. PCT is the abbreviation of patent cooperation treaty, and it is an international treaty for cooperation in patent field. It came into being to solve how to reduce the duplication of work between the applicant and the patent office when applying for a patent for the same invention in many countries. In this context, 1970 was signed in Washington in June, and 1978 took effect in June, and was implemented in June of the same year. China joined the PCT on 1 99465438+1October1day. At the same time, China National Intellectual Property Administration, China, as an acceptance bureau, an international retrieval unit and an international preliminary examination unit, accepts international applications from citizens, residents and units in China. By March 2005, 126 countries had joined the Treaty. PCT is a special agreement under the Paris Convention, which is only open to Paris Convention member countries. It is not a competition with the Paris Convention, but actually a supplement. 3. Validity of International Application Date An international application can produce an international application date, which has the effect of a formal national application in each designated country from the international application date. The international filing date is the actual filing date of each designated country. 4. The advantages of using PCT application channel are as follows: 1) Simplify application procedures. Applicants can write application documents in a language they are familiar with (Chinese or English) and submit them directly to the Patent Office in China National Intellectual Property Administration, China. 2) Delay decision-making time and invest funds accurately. At the international stage, the applicant will receive an international search report and a preliminary patent report. According to these reports, the applicant can initially judge whether his invention can be patented, and then go through the formalities of entering many countries within 30 months from the priority date as needed, that is, submit the translation of the international application and pay the corresponding fees. 3) Improving the application documents The applicant may modify the application documents according to the international search report and the preliminary patent report. 4) Reduce the burden of national bureaus of member countries. International applications go through two stages: the international stage and the national stage. International applications must first be examined at the international stage and then at the national stage. The filing of the application, international search and international preliminary examination are completed in the international stage, and whether to grant the patent right is completed in the national stage by the designated national bureau.