Patents fall into three categories.
They are: invention patent, utility model patent and design patent.
Patent for invention A new product, its manufacturing method and use method can all apply for patent for invention.
Patent for utility model, as long as there are some technical improvements, you can apply for a patent for utility model. Please note that only when the structure, shape or combination of products are involved can you apply for a patent for utility model.
As long as the design patent involves the shape, pattern or combination of products and the combination of color and shape and pattern, it is aesthetic and suitable for industrial application.
Application process:
1, patent application
To apply for a patent, the applicant shall first submit a patent application to China National Intellectual Property Administration, submit the necessary application documents when submitting the patent application, and pay the relevant fees in accordance with the regulations. At the same time, the patent application can be in written or electronic form.
2. Acceptance by the Patent Office
After the applicant submits a patent application, the Patent Office determines the date of the patent application, gives the application number and issues a notice of acceptance.
3. First trial
After accepting the application, the Patent Office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be released within 18 months from the date of application.
4. Substantive review
After the application for a patent for utility model or design has passed the preliminary examination or supplementary certification, the Patent Office will start the substantive examination of the patent application. The substantive examination is mainly to evaluate the novelty, creativity and practicality of the patent.
If it passes the substantive examination, the Patent Office will grant the patent right for the utility model or design; If it is unqualified, the applicant shall modify the application documents accordingly, grant the patent right to the qualified one, and reject the patent application to the unqualified one.
5. Grant a patent right
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after going through the registration formalities.