Patent application is a necessary procedure for obtaining patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. When applying for a patent to the national patent office, the applicant should also submit a series of application documents, such as request, description, abstract, claims, etc. In terms of patent application, the provisions of patent laws in various countries around the world are basically the same. You can apply by yourself or find an agency to apply.
Patent application process
(1) Principles for granting patents:
According to the basic principles of patent law, only one patent right can be granted for the same invention. When two or more people file patent applications for the same invention, there are two principles: one is the first-to-invent principle, and the other is the first-to-file principle. The first-to-invent principle means that if two or more people file patent applications for the same invention, the patent right should be awarded to the person who made the invention first, regardless of the time when they filed the patent application. However, because when adopting this principle, many practical difficulties are often encountered in determining who is the first inventor, therefore, currently only a few countries in the world, such as the United States, Canada and the Philippines, adopt this principle for patent applications. The so-called first-to-file principle means that when two or more people file separate applications for the same invention, the patent right will be granted to the latest person regardless of the order in which they made the invention. Whoever applies first, China and most countries in the world adopt this principle.
(2) Patent examination procedures:
Countries have different requirements for the examination of patent applications, and basically implement two different systems. Some countries implement a formal examination system, which only examines whether the form of the patent application meets the requirements of the law, but does not examine whether the invention meets substantive conditions such as novelty. Some countries implement a substantive examination system, which not only examines the form of the application, but also substantively examines whether the invention meets conditions such as novelty, advancement, and practicality. Only inventions that meet the above patent conditions will be granted patent rights. China and most countries in the world adopt a substantive review system.
Processing methods
(1) Entrust a nationally recognized patent agency to handle the application.
(2) The applicant shall go directly to the National Patent Office of China for application.
Process
(1) Application for invention patent
1. Invention patent application review and approval process Patent application—acceptance—preliminary examination—publication—request for substantive examination—substance Examination - Authorization 2. Documents required to apply for an invention patent
1) Request letter: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name of the invention patent, its technical field, background technology, invention content, description of the drawings and specific implementation methods.
3) Claims: describe the technical features of the invention and clearly and briefly state the content sought for protection.
4) Drawings in the description: Invention patents often have drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.
(2) Utility model patent application
1. Utility model patent application review and approval process Patent application—acceptance—preliminary examination—announcement—authorization
2. Application for utility model Documents required for new patents
1) Request letter: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name of the utility model patent, its technical field, background technology, invention content, description of the drawings and specific implementation methods. The content of the description should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
3) Claims: describe the technical features of the utility model and clearly and briefly state the content requested for protection.
4) Instructions and drawings: Utility model patents must be accompanied by drawings.
5) Summary of the specification: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem