What are the application matters for invention patents and utility model patents?

There are three types of patents stipulated in my country's Patent Law, namely invention patents, utility model patents and design patents. The role of patents is increasingly valued, but if a patent wants to be reasonably protected, it must be applied in accordance with prescribed procedures to obtain legal confirmation. So, what are the application requirements for invention patents and utility model patents? Next, the editor of Legal Savior Network will introduce them to you one by one.

What are the application matters for invention patents and utility model patents

1. Choose the type of patent application

Invention patents protect products and methods, and their authorization requires a formal For examination and substantive examination, the examination period is longer, the requirements for inventiveness are higher, and the protection period is longer; utility model patents only protect products, and their authorization only needs to go through formal examination, the examination period is short, and the requirements for inventiveness are low. The protection period is short. In recent years, as a patent application strategy, applying for both an invention patent and a utility model patent (i.e. repeated application) for a product invention has been increasingly adopted. The advantage of this is that utility model patents can Obtain patent protection earlier, and when the inventiveness of the invention is low and the invention cannot be protected by an invention patent, a utility model patent still exists to provide protection.

2. Seize the critical time

my country's "Patent Law" stipulates multiple time points and time periods that applicants can take the initiative to control flexibly.Choosing these time points and time periods is an important part of a company's patent application strategy. These time points and time periods include:

(1 ), grasp the patent application time. Article 9 of my country's Patent Law stipulates: "If two or more applicants apply for patents for the same invention and creation, the patent right shall be awarded to the person who applied first." According to this regulation, companies should choose the time to apply, and usually the earlier the better.

Request priority time. Article 29 of my country’s Patent Law stipulates that claims for priority should be submitted within twelve months from the date of the first application. According to this provision, if a company wants to claim priority, it will have 12 months to take the initiative.

(2) Publication time. Article 34 of my country's "Patent Law" stipulates: "After receiving an invention patent application, the Patent Administration Department of the State Council, after preliminary examination, determines that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application. The Patent Administration Department of the State Council The Department may, upon the applicant's request, publish his or her application at an early date". Under this provision, companies can choose whether to request early publication and thus choose to "shorten" or "exhaust" the eighteen-month period.

(3) Substantial hearing request time. Paragraph 1 of Article 35 of my country's Patent Law stipulates: "Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; if the applicant has no If a substantive examination is not requested within the time limit due to justifiable reasons, the application will be deemed to have been withdrawn." Under this provision, companies will have three years to take the initiative.

Time to reply to the Office Action. According to Article 37 of China’s Patent Law, the applicant’s time to respond to the first Office Action is generally four months, and to the second Office Action is generally four months. The time for the first and subsequent examination action notices is generally two months. According to the provisions of Article 7, paragraph 3, of the Implementing Rules of the Patent Law, the applicant can also apply for an extension period, which is generally two months. These provisions are for the applicant Provides several months of active mastery.

3. Actively submit relevant information

China's Patent Law "Article 36, Paragraph 1" stipulates: "When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date." Article 48 of the Implementing Rules of the Patent Law also stipulates: "From the date of publication of the invention patent application to the date of announcement of the grant of patent rights, anyone may submit opinions to the Patent Administration Department of the State Council on patent applications that do not comply with the provisions of the Patent Law and explain the reasons." Enterprises should learn to apply the above provisions. When an enterprise is eager to obtain a patent right, it should actively submit relevant information to help the examiner make a faster judgment on whether the patent right can be granted; when a competitor's patent is announced, it should actively research and strive to find out whether it is not patentable or not patentable. Comply with the requirements of the "Patent Law" and provide proof to the patent examination department in a timely manner to set up obstacles to the final authorization of the patent application or delay the successful authorization of the patent application.

I believe that after reading the above introduction, you will have a certain understanding of the legal knowledge on how to solve the responsibilities that need to be paid attention to. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.