Patent applications can be divided into three categories: 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.
To apply for a patent for invention and a patent for utility model, the application documents include: patent request, specification, drawings of the specification, patent claim, abstract and drawings in duplicate.
Writing patent application documents?
Applicants usually hire a licensed patent agent to help them apply for a patent. After the two parties sign the entrustment agreement, the applicant will generally provide the patent disclosure materials, and the agent will write the documents according to the contents of the disclosure materials. Patent application documents include specification, claims, drawings of specification, abstract of specification, etc. Among them, the patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantive support to the scope of patent protection. ?
Search before filing a patent?
Before applying for a patent, it is best to search to determine which inventions belong to the "prior art". If the content of the application has been recorded in the retrieved patent documents or other public publications, it may affect the authorization prospect of the application. In addition, even if there is no literature, the patent application will be rejected if others can determine that it is common knowledge in this field. ?
Writing patent application documents?
Inventions and utility models: request, specification and its abstract, patent claim; Inventions can have drawings as required, and utility models must have drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Where nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence table shall be submitted. ?
Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc. ?
Submit patent application documents to the Patent Office.
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Patent office review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination situation. Generally, this process takes about 6 months for design, 6-8 months for utility model and 1.5-2 years for invention patent. (after a certain period of time from the date of application) to be published and given temporary protection; Within a certain period after publication (3 years in China), the applicant requests the Patent Office for substantive examination. If the applicant fails to request substantive examination within the time limit, the application shall be deemed to have been withdrawn. )
Go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances. ?
At this point, the patent application process is over.
Patent application fee:
An enterprise may propose to reduce or exempt the patent application fee, and submit it to China National Intellectual Property Administration after examination by the Intellectual Property Office. Generally, some reduction or exemption will be given, and the cost generally ranges from 300 yuan to 1.200 yuan.
There are three kinds of patents in China: invention, utility model and design.
The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced to 1070 if it meets the conditions of company fee reduction and exemption, and 560 if it meets the conditions of personal fee reduction and exemption; When authorizing registration, you must also pay 255 pounds and the annual fee for the year of authorization.
The standard official fee for an application for a patent for utility model or design is 500, which can be reduced to 150 if it meets the conditions of company fee reduction and exemption, and 75 if it meets the conditions of personal fee reduction and exemption; The annual fee and the year of authorization must be paid at the time of authorization registration.
In addition, if the entrusted agent needs additional agency fees.
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