Process for applying for a utility model patent
Application stage
The application documents for utility model shall include: utility model patent request, description, drawings of the description, claims, abstract and drawings of the abstract. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
Examination stage
China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
Authorization stage
(1) Authorization: After passing the preliminary review, the examiner will issue a grant Notice of Patent Rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
1. What is a patent
Patent, literally Refers to exclusive rights and interests. "Patent" means a public letter or public document. It was used by medieval monarchs to prove a certain privilege. Later, it referred to a certificate of exclusive rights signed by the King of England himself.
In modern times, patents are generally issued by government agenciesA document issued upon application by a regional organization representing a number of countries. This document records the content of an invention and creates a legal status within a certain period of time, that is, the patented invention and creation can be used under normal circumstances. Others can only implement it with the permission of the patentee.
In my country, patents are divided into three types: invention, utility model and design. As the most effective carrier of technical information, patent documents contain more than 90% of the world's latest technical information, which is 5-6 years earlier than the information provided by general technical publications, and 70%-80% of inventions and creations are only disclosed through patent documents. It is not found in other scientific and technological documents. Compared with other document forms, patents are more novel and practical. It can be seen that patent documents are the largest source of technical information in the world. According to empirical statistical analysis, patent documents contain 90%-95% of the world's scientific and technological information. In November 2016, the China Patent Office accepted more than 1.1 million patent applications from domestic and foreign applicants in 2015, accounting for nearly 40% of the global total and exceeding the United States, Japan and South Korea combined.
2. Patent types
Utility model patent
The definition of utility model in Article 2, Paragraph 3 of my country's Patent Law is: "Utility model refers to the shape, structure or combination of products that are suitable for practical use. A new technical solution." Like inventions, utility models also protect a technical solution. However, the scope of utility model patent protection is narrow. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions." 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 grant of a utility model patent does not require substantive examination, the procedure is relatively simple and the cost is low. Therefore, regarding daily necessities, machinery, Small inventions for tangible products such as electrical appliances are more suitable for applying for utility model patents.
Design patents in my country
Article 2, Paragraph 4 of the Patent Law regulates design patents The definition is: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern." And in Article 23 of the Patent Law Article stipulates its authorization conditions, “The design for which patent rights are granted shall not belong to an existing design; nor shall any unit or individualAn application for the same design has been filed with the Patent Administration Department of the State Council before the filing date, and shall be recorded in the patent documents published after the filing date. "Compared with the previous patent law, the newly revised patent law has higher requirements for appearance design. There is a clear difference between appearance design, invention and utility model. Appearance design focuses on the designer's efforts on the appearance of a product. An artistic and aesthetic creation, but this artistic creation is not a simple handicraft, it must have practicality that can be applied in industry. Design patents essentially protect artistic ideas, while invention patents and Utility model patents protect technical ideas; although appearance design and utility model are related to the shape of the product, their purposes are not the same. The purpose of the former is to make the shape of the product aesthetic, while the purpose of the latter is to make the product have a shape. Can solve a certain technical problem. For example, if an umbrella has a beautiful shape, pattern, and color, it should apply for a design patent. If the umbrella's handle, ribs, and head structure are streamlined and reasonable, it can save materials and If it has durable functions, you should apply for a utility model patent.
The above is the legal knowledge related to utility model patents introduced to you by the editor of the Legal Savior Network. When we want to When applying for a patent, you can use the above steps to apply. If you have other questions, this website also provides online lawyer services. You are welcome to come for consultation.
No comments yet. Say something...