1. The product shape, structure, production technology and formula are protected for 20 years.
2. The protection period of the shape and structure of the utility model product or the combination of the two is 10 year.
3. Design the shape, pattern or color of products and their combination protection 10 year.
(two) the contents of the application documents:
1. Invention (utility model): request, claim, specification, drawings of specification, abstract and drawings of abstract.
2. Design: request, design drawings or photos, brief description of design. Methods: Write it yourself or entrust an agency to write it.
(3) Submission of patent documents
Direct mail or delivery to China National Intellectual Property Administration (Beijing)
(4) Pay the application fee.
1. Invented 900 yuan/piece; 500 yuan/piece of utility model; Design 500 yuan/piece.
You can apply for fee waiver in China National Intellectual Property Administration.
Conditions for applying for a patent
There are three kinds of patents in China: invention, utility model and design.
An invention-creation applying for a patent must meet the requirements of novelty, creativity and practicality.
No patent right shall be granted to an invention-creation that violates the laws of the state, social morality or harms the public interest and is under any of the following circumstances:
1. scientific discovery;
2. Rules and methods of intellectual activities;
3. Diagnosis and treatment of diseases;
4. Animal and plant varieties;
5. Substances obtained by nuclear transformation.
In accordance with the provisions of the Patent Law, a patent right may be granted to the production method obtained in item 4 above.
How to choose the type of patent application?
Products and methods protected by invention patents need to go through formal examination and substantive examination when authorized, which has long examination period, high requirements for creativity and long protection period; The utility model patent only protects the product, and its authorization only needs formal examination, with short examination period, low requirements for creativity and short protection period.
In recent years, as a patent application strategy, it is increasingly adopted to apply for both invention patent and utility model patent (that is, duplicate application) for a product invention. The advantage of this is that the patent protection can be obtained earlier through the utility model patent, and when the invention creativity is small and the invention patent protection cannot be obtained, there is also the utility model patent to provide protection. The design patent protects the combination of product shape, pattern or color.
Documents to be submitted when applying for invention or utility model-technical disclosure requirements.
1. Technical disclosure requirements:
1) The content of the invention or utility model shall be clearly and completely stated;
2) enabling ordinary technicians in the technical field to make inventions according to the content;
3) convince ordinary people in the field that the present invention can really solve the problems that cannot be solved by the prior art. ..
2. The content of technical disclosure:
1) name of invention;
2) belonging to the technical field;
3) Description of background technology, as far as the applicant knows, what are the advantages and disadvantages of the existing technology, and objectively comment on its existing problems or shortcomings;
(4) the purpose or task of the invention-creation, and the technical problems to be solved;
5) A clear and complete description of the technical scheme of the invention;
For the invention and creation of mechanical products, the shape, structure, connection relationship, spatial position relationship and working principle of each structural component should be explained in detail;
For electrical products, the composition and connection relationship of electrical components should be described;
For products with no fixed shape and structure, such as powder or fluid products, chemicals and medicines, the formula, manufacturing process conditions and process flow shall be described;
For method invention, operation steps, process parameters, etc. It should be explained;
6) Compared with the prior art, the invention has the advantages and effects of improving performance, reducing cost and the like.
7) Drawings: The utility model must provide drawings, and the parts in the drawings can be labeled, and the dimensions and parameters can be left unmarked.
8) Best practice (which can be written together with Part 5):
For the invention and creation of a product, the product composition, circuit composition or chemical composition, the relationship between various parts, working process and operation steps shall be described; For method invention, steps, parameters, process conditions, etc. Should be clearly stated, and multiple embodiments can be provided.
Requirements for submitting pictures or photographs when applying for a patent for design
1. Requirements for pictures and photographs
1) The size of the picture or photograph should be between 3cm× 8cm and 15cm× 22cm;
2) Pictures must be drawn by computer or regular drawing tools;
3) The proportion of each view must be consistent;
4) There shall be no non-design graphics or characters such as trademarks, logos and portraits of celebrities in the pictures or photos, and there shall be no indication lines, dotted lines, middle lines, size marks, etc.
2. The content of a picture or photograph
1) Submit front view, back view, top view, bottom view, left view and right view (identical or symmetrical views can be omitted);
2) When the design point does not involve six faces, only the orthographic view of the faces involved can be provided;
3) Pictures or photos in triplicate;
4) The same or symmetrical views can be omitted.