How to apply for patents and copyrights

A patent application may be submitted by itself or by an agency. If you apply for an agency, you only need to provide technical disclosure and pay the corresponding agency fee and reduced official fee, and leave the rest to the agent.

The following also explains what you need to know about your application.

The process of patent application: 1. Confirm the type of patent application.

2, search the same type of patent, you can search independently, you can also entrust an agency to conduct a more comprehensive search.

3. Prepare the application documents and submit them to the application step.

4. get the admission notice.

5. Preliminary review.

(In the case of an application for a patent for invention, the application for a patent for invention must be examined in a confidential manner before preliminary examination. If confidentiality is required, it shall be handled in accordance with the confidentiality procedures.

In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements.

If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination.

If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn.

If the defect has not been eliminated after the reply, it shall be rejected.

Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued.

In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination.

Will directly enter the authorization instruction.

6. Publishing stage (especially invention patent application).

The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.

If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure.

After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published.

After the application is published, the applicant has the right to temporary protection.

Obtain patent authorization.

7, substantive examination (especially invention patents).

To conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law.

After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected.

The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application.

If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.

8. Authorization stage.

After the utility model and design pass the fifth step of examination, they can directly enter the authorization stage.

Materials required for patent application: 1. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification (if applicable) in duplicate.

2. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification in duplicate.

3. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design in duplicate.

If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.

There are many types of official fees charged for patent applications in China National Intellectual Property Administration, which are charged according to different types and application conditions. You can go to the official website of China National Intellectual Property Administration to check the patent fee list of China National Intellectual Property Administration.

When applying for a patent, you can apply for patent fee reduction and exemption, which can appropriately reduce some economic burdens.

Copyright, also known as copyright, refers to the author's exclusive rights to the literary, artistic and scientific and technological works he created.

Copyright is a civil right enjoyed by citizens and legal persons according to law and belongs to intangible property rights.

If you want to register the copyright of your work, you will generally go through the following procedures: 1 Materials to be submitted for work registration: 1. Application for work registration (standard format provided by the work registration authority); 2. Identification certificate of the author or other copyright owner: identification certificate of the author (copy, signed by the author); The industrial and commercial registration certificate or other relevant documents of the legal person or unincorporated unit (copy); The identity certificate (copy) of the heir; Commissioned works's entrustment contract (copy); Co-author's cooperation agreement or contract and co-author's identity certificate (copy).

3. Proof of copyright ownership of the work: a copy of the cover and copyright page of the work; Copies or samples of some or all written manuscripts; Catalogue of works chapters; Copies of manuscripts such as works of art and photos of works or photos of works; Film and television works, audio-visual products envelopes or photos, sample tapes (films); Exclusive license contract (copy).

4. Requirements for writing the job description: (1) Brief introduction of the work, requiring the number of words in the written work; (2) the creative process and creativity of the work; (3) the completion time of the work, and indicate whether it is an independent creation; (4) explain whether the work has been published and in what way.

If not, when and how.

5. Power of attorney and identity certificate of the agent (copy).

2. Fill in the work registration form and the right guarantee, and pay the work registration fee.

3. After receiving the application materials for work registration, the work registration authority shall conduct verification in accordance with the provisions, and the verification period shall be one month, counting from the date when the work registration authority receives all the application materials submitted by the applicant.

4. Upon verification, the works that meet the conditions of voluntary registration shall be issued with a work registration certificate by the work registration authority, and shall be announced through the relevant copyright information publications and the website established by the work registration authority.