Patent application conditions and what documents need to be prepared
If applying for an invention patent, the application documents should include: invention patent request, description (if the description has drawings, the description and drawings must be submitted ), claims, abstract (abstract and drawings should be attached when necessary) and other documents.
For invention patent applications involving amino acid or nucleotide sequences, the sequence list should be included in the description and submitted as a separate part of the description. At the same time, the sequence list should also be submitted in compliance with the regulations of the State Intellectual Property Office. A copy of the sequence listing is recorded in a computer-readable form.
When applying for a utility model patent, the application documents should include: utility model patent request, description, drawings of the description, claims, abstract and drawings and other documents.
When applying for a design patent, the application documents should include: a design patent request, pictures or photos, and a brief description of the design. If color protection is required, color pictures or photos should also be submitted. Orthographic views of the same design of the same product should be made using the same expression method, that is, they should all be drawing views or all rendering views or all photo views. Mixing of different expression methods is not allowed.
You can apply for a patent by yourself, or you can entrust an agency to apply.
Patent application review and approval process: patent application - acceptance - preliminary review - publication - authorization
The procedure for entrusting a patent agency to apply for a patent: consultation, signing of agency agreement, technical disclosure, and confirmation Application plan, preparation of application documents, review, review conclusion, patent registration procedures or reexamination request.
1. Consultation
Determine whether the content of the invention is patentable; for this consultation, it is recommended to consult several patent agencies and compare and determine the correct conclusion. Because the salaries of information receptionists in many patent agencies are currently based on commission, due to the volume of business, they sometimes give inappropriate responses to inquiries. Determine which patent type (invention, utility model, design) can be applied for for the content of the invention and creation
2. Sign the agency agreement
The purpose of signing the agency agreement at this time It is to clarify the rights and obligations between the applicant and the patent agency, and mainly to bind the patent agent to the obligation to keep the applicant's inventions and creations confidential.
3. Technical disclosure
The applicant provides the patent agent with background information about the invention or creation or entrusts the search for relevant content; the applicant introduces the content of the invention and creation in detail to help the patent agent Fully understand the content of inventions and creations.
4. Determine the application plan
Based on the understanding of the invention and creation, the agent will make a preliminary judgment on the prospects of patent application, and make a preliminary judgment on the possibility of patent authorization. The application will be recommended to be withdrawn by the applicant. At this time, the agency will charge a small consulting fee, and most of the application agency fee will be returned to the applicant. If the prospect of patent authorization is great, the patent agent will propose a clear application plan, scope and content of protection, and start preparation for the formal application with the applicant's consent.
5. Prepare application documents
Write patent application documents; prepare application documents; submit patent application and obtain patent application number.
6. Review
The China Patent Office will review the patent application documents. During the review process, the patent agent will carry out patent corrections, opinion statements, defenses, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work.
7. Review conclusion
The China Patent Office will make a review conclusion of authorization or rejection based on the review situation. The time of this process is generally: about 6 months for appearance design and utility model. About 10-12 months, invention patent 2-4 years. With the improvement of patent office examination efficiency, the review and authorization time for designs and utility models is about 4-6 months.
8. Handle patent registration procedures or reexamination requests
If the patent application is authorized, go through the registration procedures and receive a patent certificate according to the requirements of the patent authorization notice. If a patent application is rejected, whether to file a request for reexamination will be determined based on the specific circumstances. At this point, the patent application process ends.
Notes
1. When applying for an invention or utility model patent, a request, description, abstract, claims and other documents must be submitted. The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings.
2. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. When applying for a design patent, a request and documents such as pictures or photos of the design should be submitted, and the products using the design and the categories to which they belong should be specified.