1. Definition of invention patents
Inventions as mentioned in the Patent Law refer to new technical solutions for products, methods or their improvements.
2. Documents and materials required to apply for a patent application
A technical disclosure that meets the following requirements should be provided.
Technical disclosure is a reference document for the inventor or applicant to submit the content of the invention to be applied for patent to the patent agency in written form. The main purpose is to improve the quality and efficiency of writing patent application documents and make it easier for patent agents to understand the characteristics of the inventor's invention. The technical briefing required by the applicant is mainly the relevant content in the description of the invention or utility model. These contents They are all essential documents for patent applications. Those that the applicant has difficulty in writing can be omitted. The main contents are as follows:
1. The name of the invention
The name should be clear and concise, using common technical terms in this technical field to clearly reflect and embody the subject matter and purpose of the invention. type. Do not use made-up non-technical terms, names of people, places, trademarks, models or product names, or commercial promotional terms. The name should preferably correspond to the category and group in the international classification table, and generally should not exceed 25 Chinese characters.
2. Technical field to which the invention belongs
The technical field to which the invention belongs refers to the technical field to which the invention directly belongs or is directly applied. adjacent technical fields, not to mention the invention or utility model itself.
3. Background technology
Also known as prior art, this part should focus on describing and evaluating the prior art before the filing date, that is, recording the applicant’s knowledge, understanding, and Search and examine the background technology that is useful for reference in this application. Generally, at least one prior art document that is closest to the present application must be cited, and if necessary, several more similar comparative documents may be cited. They may be patent documents or non-patent documents. A brief introduction to existing technology should include three aspects:
(1) Indicate its source, usually by providing comparative documents or pointing out publicly known and public uses;
(2) Briefly describe the main relevant content of the prior art, such as the main structure and principles, or the technical means and method steps adopted;
(3) Objectively point out the problems existing in the prior art and shortcomings, where possible explain the reasons for these problems and shortcomings, and avoid using defamatory language.
4. The purpose of the invention
refers to the problems existing in the existing technology that the technical solution for the invention patent application is to solve. Usually, the tasks to be solved are proposed based on the problems existing in the closest existing technology combined with the effects achieved by the present invention or utility model. The specific requirements are as follows:
(1) It should be compatible with the subject of the invention and the type of invention;
(2) The purpose should be stated directly, clearly and objectively using positive sentences, Clearly state the problem to be solved;
(3) The technical problem to be solved should be concretely reflected, and general formulations such as "saving energy" and "improving quality" should be avoided, but technical solutions must not be included. Specific content.
(4) Advertising terms are not allowed.
5. Technical solution
This part is the core part of the specification. The description in this part should be understandable by those skilled in the technical field and achieve the purpose of the invention or utility model. .
The technical solution adopted for an invention is often composed of a collection of several technical features. The technical solution should be written clearly and completely, including all necessary technical features to achieve the purpose of the invention; if it is a product invention, it should indicate the composition of the product and the relationship between the various parts, and what role each part plays; among them, the part that belongs to your invention What is it? If it is a method invention, it should indicate that the method consists of several steps, what conditions are required for each step, what is the relationship between the steps, what role each plays, etc. Generally, the essential content shall be disclosed in the form of the sum of the technical features necessary to constitute the invention. However, sometimes in order to make the technical scope of the claimed protection more clear and avoid misunderstandings, the important additional technical features necessary for the invention should also be included, so that people can clearly understand what technical solutions should be adopted to achieve the stated purpose. .
6. Beneficial effects
This part should clearly and well-founded describe the beneficial effects of the invention compared with the existing technology.
Usually beneficial effects can include improvements in productivity, quality, precision and efficiency, savings in energy consumption, raw materials, and processes, ease of processing, operation, control, and use, control or eradication of environmental pollution, and The emergence of useful performance and other aspects are reflected. The specific requirements are as follows:
(1) The invention or utility model can be described by analyzing the structural characteristics or functional relationships, theoretically explaining it, or proving it with experimental data, or a combination thereof. It must not be asserted that it is beneficial. The effect can best be obtained by comparing with existing technology;
(2) For technical fields such as machinery or electrical appliances, most of them can be explained in combination with structural characteristics and mode of action;
(3) When quoting experimental data to illustrate beneficial effects, the necessary experimental conditions and methods should be given.
7. Drawing descriptions
The drawings are for the purpose of expressing the content of the invention or utility model more intuitively, and a variety of drawing methods can be used to fully reflect the point of the invention. Such as schematic diagrams, block diagrams, directional views, partial cross-sections, flow charts, etc. For invention patent applications and all utility model patent applications with drawings in the description, the description of the drawings should be concentrated in the description. The specific requirements are:
(1) A brief description of the title of the drawing and the content of the illustration should be given in accordance with the national standards for mechanical drawing;
(2) The number of drawings should not exceed For one drawing, all drawings should be numbered in sequence and explained;
(3) The drawing description does not need to include descriptions of the names and details of the specific parts in the drawings.
8. Best Mode of Implementation
This section can usually be combined with the drawings to further describe the specific implementation mode of the present invention or utility model in further detail. It should not be understood as a simple repetition of the content of the manual. The purpose is to make each technical feature of the claim concrete, so as to make the implementation of the invention concrete and to fully support the implementability of the invention or utility model.
Generally speaking, this part should describe at least one best implementation mode in detail, and the degree of concreteness of this description should be such that a person of ordinary skill in the art can reproduce the invention or utility according to the described content. New type. When describing specific embodiments, it is not required to elaborate on the known technical features, but it is necessary to explain in detail the necessary technical features that distinguish the existing technology and each additional technical feature, as well as the relationship between each technical feature and its functions and effect.
The description of implementation modes and examples should be consistent with the type of technical solution claimed in the application. For example, if what is claimed is a product, then its implementation mode or example should embody one or several best products for implementing the product; if what is claimed is a method, then it should illustrate how to implement it. One or more of the best implementation methods of this method.
(3) Application time
1. The customer will get the patent acceptance notice within one week after the information provided by the customer is complete.
2． It takes about 18 months from the date of application to get the patent certificate.
Utility model patent
1. Definition of utility model patent
Utility model as mentioned in the Patent Law refers to the shape, shape and shape of a product. Construct or combine the proposed new technical solutions suitable for practical use.
2. Documents and materials required to apply for a utility model patent
A technical disclosure that meets the following requirements should be provided.
Technical disclosure is a reference document in which the inventor or applicant submits the content of the invention to be patented to the patent agency in written form. The main purpose is to improve the quality and efficiency of writing patent application documents and make it easier for patent agents to understand the characteristics of the inventor's invention. The technical briefing required by the applicant is mainly the relevant content in the description of the invention or utility model. These contents They are all indispensable documents for patent applications. Those that the applicant has difficulty in writing can be omitted. The main contents are as follows:
1. The name of the invention
The name should be clear and concise, using common technical terms in this technical field to clearly reflect and embody the subject matter and purpose of the invention. type. Do not use made-up non-technical terms, names of people, places, trademarks, models or product names, or commercial promotional terms.
The name should preferably correspond to the category and group in the international classification table, and generally should not exceed 25 Chinese characters.
2. Technical field to which the invention belongs
The technical field to which the invention belongs refers to the technical field to which the invention directly belongs or is directly applied. adjacent technical fields, not to mention the invention or utility model itself.
3. Background technology
Also known as prior art, this part should focus on describing and evaluating the prior art before the filing date, that is, recording the applicant’s knowledge, understanding, and Search and examine the background technology that is useful for reference in this application. Generally, at least one prior art document that is closest to the present application must be cited, and if necessary, several more similar comparative documents may be cited. They may be patent documents or non-patent documents. A brief introduction to existing technology should include three aspects:
(1) Indicate its source, usually by providing comparative documents or pointing out publicly known and public uses;
(2) Briefly describe the main relevant content of the prior art, such as the main structure and principles, or the technical means and method steps adopted;
(3) Objectively point out the problems existing in the prior art and shortcomings, where possible explain the reasons for these problems and shortcomings, and avoid using defamatory language.
4. The purpose of the invention
refers to the problems existing in the existing technology that the technical solution for the invention patent application is to solve. Usually, the tasks to be solved are proposed based on the problems existing in the closest existing technology combined with the effects achieved by the present invention or utility model. The specific requirements are as follows:
(1) It should be compatible with the subject of the invention and the type of invention;
(2) The purpose should be stated directly, clearly and objectively using positive sentences, Clearly state the problem to be solved;
(3) The technical problem to be solved should be concretely reflected, and general formulations such as "saving energy" and "improving quality" should be avoided, but technical solutions must not be included. Specific content.
(4) Advertising terms are not allowed.
5. Technical solution
This part is the core part of the specification. The description in this part should be understandable by those skilled in the technical field and achieve the purpose of the invention or utility model. .
The technical solution adopted for an invention is often composed of a collection of several technical features. The technical solution should be clearly and completely stated, including all necessary technical features to achieve the purpose of the invention; if it is a product invention, it should indicate the composition of the product and the relationship between the various parts, and what role each part plays; the part that belongs to your invention What is it? If it is a method invention, it should indicate that the method consists of several steps, what conditions are required for each step, what is the relationship between each step, what role each plays, etc. Generally, the essential content shall be disclosed in the form of the sum of the technical features necessary to constitute the invention. However, sometimes in order to make the technical scope of the claimed protection more clear and avoid misunderstandings, the important additional technical features necessary for the invention should also be included so that people can clearly understand what technical solutions should be adopted to achieve the stated purpose. .
6. Beneficial effects
This part should clearly and well-founded describe the beneficial effects of the invention compared with the existing technology.
Usually beneficial effects can include improvements in productivity, quality, precision and efficiency, savings in energy consumption, raw materials, and processes, ease of processing, operation, control, and use, control or eradication of environmental pollution, and The emergence of useful performance and other aspects are reflected. The specific requirements are as follows:
(1) The invention or utility model can be described by analyzing the structural characteristics or functional relationships, theoretically explaining it, or proving it with experimental data, or a combination thereof. It must not be asserted that it is beneficial. The effect can best be obtained by comparing with existing technology;
(2) For technical fields such as machinery or electrical appliances, most of them can be explained in combination with structural characteristics and mode of action;
(3) When quoting experimental data to illustrate beneficial effects, the necessary experimental conditions and methods should be given.
7. Drawing descriptions
The drawings are for the purpose of expressing the content of the invention or utility model more intuitively, and a variety of drawing methods can be used to fully reflect the point of the invention. Such as schematic diagrams, block diagrams, directional views, partial cross-sections, flow charts, etc.
For invention patent applications and all utility model patent applications with drawings in the description, the description of the drawings should be concentrated in the description. The specific requirements are:
(1) A brief description of the title and content of the drawings should be made in accordance with the national standards for mechanical drawing;
(2) The drawings should be more than For one drawing, all drawings should be numbered in sequence and explained;
(3) The drawing description does not need to include descriptions of the names and details of the specific parts in the drawings.
8. Best Mode of Implementation
This section can usually be combined with the drawings to further describe the specific implementation mode of the present invention or utility model in further detail. It should not be understood as a simple repetition of the content of the manual. The purpose is to make each technical feature of the claim concrete, thereby making the implementation of the invention concrete and fully supporting the implementability of the invention or utility model.
Generally speaking, this part should describe at least one best implementation mode in detail, and the degree of concreteness of this description should be such that a person of ordinary skill in the art can reproduce the invention or utility according to the described content. New type. When describing specific embodiments, it is not required to elaborate on the known technical features, but it is necessary to explain in detail the necessary technical features that distinguish the existing technology and each additional technical feature, as well as the relationship between each technical feature and its functions and effect.
The description of implementation modes and examples should be consistent with the type of technical solution claimed in the application. For example, if what is claimed is a product, then its implementation mode or example should embody one or several best products for implementing the product; if what is claimed is a method, then it should illustrate how to implement it. One or more of the best implementation methods of this method.
(3) Application time
1. The customer will get the patent acceptance notice within one week after the information provided by the customer is complete.
2． It takes about 7 months from the date of application to get the patent certificate.
Design Patent
1. Definition of Design Patent
The design as mentioned in the Patent Law refers to the shape, pattern or combination of the product and the The combination of color, shape, and pattern creates a new design that is both aesthetically pleasing and suitable for industrial applications.
2. Documents and materials required to apply for a design patent
1. Provide necessary information:
The name of the applied design, the name of the inventor, Address, nationality, applicant’s name, address, nationality.
2. Power of attorney:
Submit one power of attorney for each application. Must be original and signed by the applicant. If a power of attorney is not submitted when applying, it can be submitted after application.
3. Other materials:
Pictures or photos of the design must not be smaller than 3 cm x 8 cm, nor larger than 15 cm x 22 cm. When requesting protection of a color design patent at the same time, you should submit color and black-and-white pictures or photos. If you have special requirements, please attach a brief description.
3. Precautions and related instructions
1. Before applying for a patent, it is best to conduct a patent literature search to find out whether there is a technology that is the same as your own invention and has applied for a patent.
2. The agent prepares application documents based on the materials provided by the applicant, and submits them to the applicant for review and signature before submission to the Patent Office.
3. Our firm handles the procedures for paying various fees to the Patent Office on behalf of the applicant, promptly forwards various notices and requirements issued by the Patent Office to the applicant, and at the same time informs the applicant of matters needing attention or makes corresponding suggestions. .
4. If the applicant’s address or contact person changes, please notify us in time to avoid being unable to receive relevant notifications and materials.
(4) Procedural instructions
1. After receiving the authorization notice and the registration formalities notice, the applicant shall complete the registration formalities within the specified time and in accordance with the requirements of the notice. and pay the prescribed fees. Failure to complete registration procedures as required, or failure to complete registration procedures within the time limit, shall be deemed to have given up the right to obtain a patent.
2. After the patent right is granted, the patentee must pay the patent annual fee every year. There will be a six-month lag period after the patent right is overdue. The annual fee can still be paid, but a late payment fee must be paid. If the patent annual fee is not paid at the expiration of the overdue period or the annual fee and late fee for the current year are paid in full, the patent right shall be terminated from the expiration date of the previous year.
3. The applicant can give up the right to apply for a patent or the patent right by not paying fees or not replying to the Patent Office documents.
4. During the patent application process or after the patent is approved, transfer procedures can be handled at any time.
(5) Application time
1. The customer will get the patent acceptance notice within one week after the information provided by the customer is complete.
2． It takes about 6 months from the date of application to get the patent certificate.
3. We can promise to get the certificate. If we can't get the patent certificate, we will refund the full amount.