According to the provisions of China's patent law, there are three kinds of inventions that can be protected by patents in foreign patent laws: inventions, utility models and book designs, of which invention patents are the most important. The invention is a technical solution to a specific problem put forward by the inventor by using the laws of nature. Therefore, it is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes. 1. Application procedure for invention patent 1. The applicant provides original technical data and personal (unit) information; 2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law; You can search it first if necessary. 3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required; 4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application; 5. Enter the stage of substantive examination (substantive examination): the applicant may file an application for substantive examination with the Patent Office at any time within 3 years from the date of application or after the patent application is made public, and must pay the patent substantive examination fee in accordance with the regulations; 6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; Authorized invention patents will be published. 7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided. 2. Technical data to be provided when applying for an invention patent 1. Claim: The description of the claimed invention refers to the substantive technical features of the invention. 2. Description: Summarize the invention (within 300 words). 3. Description: Description of the technical field to which the present invention belongs; Explain the background related to the invention; Explain the purpose of the present invention; The technical scheme of the invention is explained in detail; Explain the effect and advantages of this technical scheme; Relevant experiments and data prove its effect and advantages. Specifically, for inventions in the mechanical field, the structural schematic diagram of the product patent should be provided, explaining the structure and shape characteristics of the product, the names and connection relations of the components, and the working principle. For inventions involving the field of electricity, the names of components and the electrical relationship between components shall be provided. For inventions involving the chemical field, the names, preparation methods and technological conditions of specific chemical substances shall be provided. For an invention involving a chemical equipment system, the connection relationship between the equipment shall be provided, and the structural characteristics and connection relationship of the equipment related to the invention shall be specified. Where a pharmaceutical invention is involved, the composition, content, preparation method, clinical or animal experimental methods and experimental data of the drug shall be provided. Inventions involving microbiology and bioengineering should provide certificates for preservation. 4. Brief description of drawings (if necessary) 5. Specific embodiments (examples): The present invention will be described in detail. Third, the time to apply for a patent for invention It takes about two and a half years from application to authorization. After obtaining the patent right, the annual fee shall be paid in accordance with the regulations; The term of protection of an invention patent is 20 years, counting from the date of application. The invention patent cannot be renewed.
Legal objectivity:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.