(1) An application for a patent for invention
1. Approval process of invention patent application Patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization
2. Documents to be submitted when applying for a patent for invention
(1) request: 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, attached drawings and specific implementation methods.
(3) Claim: explain the technical features of the invention, and clearly and concisely state the content to be protected.
(4) Illustration: Invention patents often have drawings. If only words are enough to describe the technical scheme clearly and completely, there is no need for drawings.
(2) An application for a patent for utility model
1. Approval process of utility model patent application Patent application-acceptance-preliminary examination-authorization
2. Documents to be submitted when applying for a patent for utility model
(3) An application for a patent for appearance
1. Application for patent for appearance-acceptance-preliminary examination-authorization
2, the appearance patent documents to be submitted
Request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc.
Design pictures or photos: at least two groups of pictures or photos (front view, back view, top view, bottom view, left view, right view and, if necessary, stereoscopic view) Brief description of design: Brief description of design shall be submitted if necessary.
How to apply for a personal patent?
2. How much is the individual patent application fee?
According to the patent law of China, the fees for patent application are as follows:
(1) When applying for patent agency, the applicant needs to pay agency fee and official fee.
(2) The amount of agency fee shall be determined by the applicant through consultation with the agency according to the difficulty and workload of the technical field to which the application belongs.
(3) Pay official expenses to China National Intellectual Property Administration. The first official fee includes the application fee and the examination fee for the invention application, and the amount (RMB) is: the application fee for the invention patent in 950 yuan (including the printing fee in 50 yuan); Application fee for utility model patent 500 yuan;
(4) The application fee for a patent for design is 500 yuan; The examination fee for invention application is 2500 yuan.
(5) In order to obtain and keep the patent, the applicant also needs to pay the annual fee and other fees to the Patent Office within a few years after the application.
(6) The Patent Office may reduce or exempt certain fees (application fee, examination fee for invention application, maintenance fee for invention application, reexamination fee and annual fee for three years after authorization) for applicants with real difficulties. If the applicant is an organization, the above fees can be reduced by 70%, and if the applicant is an individual, the above fees can be reduced by 85%.
Third, the application time of patent application
(1) For invention patents, except those that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be published within 18 months from the date of acceptance, and then it will be the actual review stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time.
In order to speed up the time limit for obtaining the patent right, we can apply for publicity in advance, so that it can be made public after passing the preliminary examination, and then enter the actual trial stage, which can speed up the progress of authorization.
In addition, in some special circumstances, such as several cases stipulated in the Measures for the Administration of Patent Priority Examination, a request for speeding up the examination can be made.
(2) As far as utility models and designs are concerned, they need to go through the stages of acceptance, preliminary examination and authorization announcement. Because there is no need for substantive examination, the time for authorization of utility models and designs is relatively short, generally 6- 10 months.
Legal basis:
Article 26 of the Patent Law of People's Republic of China (PRC) shall submit the application, the written request, the specification and its abstract, the patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, etc. The specification shall give a clear and complete description of the invention or utility model, which should be realized by the technicians in the field; If necessary, drawings shall be attached.
The technical points of the invention or utility model shall be briefly explained. The patent claim shall specify the scope of the patent to be protected on the basis of the specification.
(1) Violates laws and social ethics and hinders social welfare;
(2) scientific discovery;
(3) rules and methods of intellectual activities; (4) Diagnosis and treatment of diseases, but medicines and medical machinery are protected;
(5) Animal and plant species, but the cultivation methods are protected.
(6) Inventions and creations that do not violate laws and regulations and rely on genetic resources.
(7) substances obtained by nuclear transformation. (8) Where an invention or utility model completed in China is applied for a patent in a foreign country, and the same invention or utility model is applied for a patent in China in the future without secret examination by the patent administration department in the State Council, the patent right shall not be granted.
(9) The appearance design mainly used as a pattern symbol varies according to the type of patent application, the color of printed matter or the combination of the two. Although the application method is the same, the materials submitted, the fees paid and the steps in the application process will be different.
For example, for the type of invention patent applied for, the submitted materials include: request, claim, specification, drawings, abstract of specification and other important related documents.
No matter where the inventor applies for a patent, the first thing to do is to distinguish the types of patent applications, prepare targeted materials and submit them to the local patent office. The submitted materials can be prepared and submitted by the inventor, or a third-party agent can be entrusted to apply and pay a certain service fee to the other party.