According to Article 2 of China's Patent Law, patent applications are divided into invention, utility model and appearance.
Design three types:
Invention: refers to a new technical scheme proposed for a product, method or improvement.
Utility model: a new practical technical scheme proposed by the pointer for the shape, structure or combination of products.
Appearance design: a new design with aesthetic feeling and suitable for industrial application, which refers to the shape, pattern or combination of products and the combination of color and shape and pattern.
Steps to apply for a domestic patent
(1). Before applying for a patent, under the professional guidance of the agent, analyze your own inventions and consider which patent to apply for (invention or utility model or design).
(2) Applicants can search for their own inventions, or they can apply directly without searching. Searching is not omnipotent and unnecessary. In general, searching is not recommended. But in any case, the applicant shall be responsible for the novelty, creativity and practicality of his invention.
(3) If it is a service invention, the applicant is a unit; If it is a non-service invention, the applicant is an individual.
If you apply in the name of the company, you should stamp the official seal on the power of attorney provided by us. If an application is made in the name of an individual, a power of attorney shall be signed, and then an entrustment contract shall be signed, and official fees and agency fees shall be paid as required.
(4) Provide a list of inventors or designers (natural persons, unlimited).
(5) When applying for a patent for invention or utility model, the patent agent shall provide technical disclosure, and the patent agent shall refine it into the required application text, including the following information:
1. Name of the invention.
B. technical field to which the invention belongs.
C, as far as the applicant knows, indicate the background technology useful for understanding, searching and examining the invention or utility model, and quote and reflect these backgrounds.
Scene technical document.
D, the specific technical scheme of the invention or utility model, so that the technical personnel in the technical field can understand and implement it.
E beneficial effects of the invention or utility model compared with the background technology.
F provide sketches that can clearly and completely reflect the technical content of invention and creation, such as outline drawings, structural drawings, exploded drawings or other drawings. If there is a circuit,
The specific circuit diagram should be given (drawings generally do not need size and fit). Written instructions corresponding to the attached drawings should be prepared, with emphasis on each department.
The position connection relationship between substructure and combination, and its working process is comprehensively explained in combination with structure.
G. Give different examples of implementing the invention, especially for chemical applications. Examples are generally essential.
Note: For the convenience of the applicant, it is suggested to fill in the Technical Disclosure of Patent Application of Yuan Hang Company prepared by our company for the applicant.
(6) To apply for a patent for design, you must provide pictures or photographs that meet the requirements, and you can also make necessary explanations. The requirements for pictures or photos are: generally, two sets of six-sided views of the product should be submitted, the size of which is not less than 3? Cm, not more than 15? 2 cm.
If you don't have pictures or photos, you can provide samples. Our company will take pictures or draw pictures, and the cost will be calculated separately.
3. The department that accepts the patent application
When applying for a patent, we can entrust our company to submit the application documents directly to the China National Intellectual Property Administration Patent Office, or we can entrust the patent agencies established in China National Intellectual Property Administration to submit the application documents all over the country. At present, our company can apply to patent agencies located in Guangzhou and Shenzhen.
4. Invention and creation without patent right
(1). Invention-creation without patent right as stipulated in Article 5 of the Patent Law:
A. inventions that violate national laws.
B. inventions that violate social morality.
C. inventions that hinder the public interest.
(2) The object for which the patent right is not granted as stipulated in Article 25 of the Patent Law:
First, scientific discoveries.
Rules and methods of intellectual activities.
C. diagnosis and treatment of diseases.
D, animal and plant varieties.
E. substances obtained by nuclear transformation.
Step 5 accept the notice
Where a patent application is filed in China National Intellectual Property Administration, it will be accepted if it meets the acceptance conditions after formal examination (see the acceptance flow chart).
, by the patent administration department to make a notice of acceptance, determine the application date, applicant, application number and application name. , the applicant shall issue an application.
Please follow the process to enter the audit procedure.