1. Clarify the ownership of patent rights
Inventions and creations that are completed while performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed using the unit’s material and technical conditions, the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right.
2. Clarify the type of patent application
Invention: refers to a new technical solution proposed for a product, method or improvement thereof. The protection period is 20 years.
Utility model: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The protection period is 10 years.
Appearance design: refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial applications. The protection period is 10 years.
3. Determine whether it meets the conditions for patent application
1. Novelty: means that the same invention has not been published in domestic or foreign publications before the application is submitted to the patent office; It has been publicly used in the country or is known to the public in other ways. Before the application was submitted, no one else had applied to the Patent Office for the same invention or utility model.
2. Creativity: means that compared with the existing technology before the date of application submission, the invention has outstanding substantive features or significant progress, and the utility model has substantive features and progress.
3. Practicality: means that the invention can be mass-produced in the production of industry, agriculture and other industries, or can be applied in industry or life, and can produce positive effects.
IV. Procedures and fees for applying for a patent
(1) Procedure for applying for a patent
1. Ways to apply for a patent
Entrustment Agent for patent application. A patent agent is the "bridge" between the applicant and the National Patent Office. The patent agents of the patent agency are experts who have received professional training, specialize in patent agency business, understand both technology and relevant intellectual property laws, so they entrust the agency Handling patent applications is the best choice for applicants. It can save time, worry, effort and money, and greatly improves the success rate of obtaining patent rights. Of course, applicants can also handle patent applications on their own.
2. Preparation of technical information
The technical information provided when applying for an invention or utility model patent includes the following content:
Name of the invention
Technical field
Technical background
All technical contents of the purpose of the invention (please provide drawings if there are any)
Apply for a design patent and provide information about the product Orthographic views or photos can also be provided directly, and the agency can take photos or draw drawings for you.
(2) Fees required to apply for a patent
The fee for applying for a patent is divided into two parts, one part is to pay the agency fee; the other part is to pay the relevant fees of the National Patent Office (This part of the cost can be reduced by the agency to the National Patent Office, and the maximum reduction ratio can reach 85). For patent application fees, you can log on to this website to check the charges for residential services.