The types of patents mainly include invention patents, utility model patents and appearance invention patents.
Among them, there are many applications for invention patents and utility model patents, but relatively few for appearance patents.
There is not much difference between invention patent and utility model patent in content. Invention patents emphasize originality and innovation, while utility model patents emphasize application.
But in actual application, most people write two technical reports, which are used to apply for utility model patents and invention patents respectively. Because the application time for utility model patent is much shorter, if the application for invention patent fails, just take a utility model patent.
Furthermore, if it happens that someone else is applying for a patent with the same content as you, then in the end, China National Intellectual Property Administration will decide who to grant the patent according to the filing date, and whoever applies early will get the patent authorization. This is also one of the reasons for applying for utility model patent and invention patent at the same time.
Applying for a patent, like publishing a paper, needs to go through many complicated processes before it can be finally published. The main process of patent application is:
Check for duplication-> Write a technical report-> Find a patent agency-> Obtain the notification of patent acceptance-> Payment-> Substantive review stage->; Issue a patent authorization certificate
It is very important to check the copy before applying for a patent. If it is similar to the existing patent, even if you find a patent agency, it will not pass, because the agency will also check the duplicate.
The cycle of patent application has attracted many people's attention. Generally speaking, it takes half a year for a utility model patent to be finally authorized, and it takes one or two years for an invention patent to be finally authorized (the invention patent in Bian Xiao took more than one year). Of course, if the patent application is not smooth, such as repeated revision and rejection, it may take longer.
So how to write a technical report?
In fact, China National Intellectual Property Administration has stipulated the template of patent technical report, which can be downloaded from the official website of China Intellectual Property Office.
Patent technical report mainly includes abstract, technical field, background technology, invention content, appended drawings, specific modes, appended drawings and claims. The official template introduces the detailed format requirements of each part.
Then go to the two websites provided above and download some other people's patent technology reports. Referring to other people's expressions and drawings, you can basically complete the first draft of the technical report independently. After the first draft is completed, it can be sent to the patent agency for modification. Generally, the final version can be revised in less than a week, and it is still very fast. So don't worry too much about writing a bad technical report. Patent agencies will give you a lot of advice.
What needs to be mentioned here is that AutoCAD is often used in drawing, including many patent agencies using AutoCAD to modify patent drawings, and even asking you to provide AutoCAD version of drawings for your own modification, although sometimes some drawings are not made by AutoCAD at all. Therefore, it is best to learn AutoCAD software and how to convert formats between pictures of various formats.
After the patent technical report is finalized, the patent agency is responsible for all the basic things, and we only need to pay the fees.
Yes, don't take it for granted that we can make money by applying for a patent (unless your patent is valuable and a company is willing to buy it)! In fact, we have to pay for it ourselves. The fees paid are divided into two parts, one for China National Intellectual Property Administration and the other for the patent agency. Usually a * * * costs three or four thousand yuan!
After the patent company submits the technical report to the national intellectual property rights, if it goes well, it usually takes two weeks to get the acceptance notice (a PDF document), which is still very fast. On many occasions, the patent acceptance notice can be used as proof of research results. For example, the project I do only needs patent acceptance.
After the patent is accepted, it is the substantive examination. This stage takes the longest time, so wait slowly!
After the substantive examination is passed, it is the patent authorization. China National Intellectual Property Administration will issue patent certificates. Note that no matter how many patent inventors there are, only one patent certificate will be issued.
Matters needing attention
When applying for a patent, we need to pay attention to the difference between a patent applicant and a patent inventor. After authorization, the patent ownership belongs to the patent applicant, not the patent inventor. Generally speaking, the patent applicant is the unit where the inventor works, such as a university or company.