What are the frequently asked questions about how to apply for a patent?

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. What are the frequently asked questions about how to apply for a patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the common questions on how to apply for a patent

1. Type of Patent application

Patent applications are divided into three types: invention, utility model and design. New technical solutions proposed for products, methods or improvements can be applied for invention patents; new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use can be applied for utility model patents; for the shape of the product , patterns or their combination, as well as the combination of color, shape, and pattern to create a new design that is aesthetically pleasing and suitable for industrial application, you can apply for a design patent.

2. What application documents should be submitted for patent application

When applying for an invention patent, the application documents should include: invention patent The request, description (with drawings if necessary), claims, abstract and drawings, each in duplicate.

Invention patent applications involving amino acid or nucleotide sequences , the sequence list should be included in the specification and theThe sequence list should be submitted as a separate part of the description, and a CD or floppy disk containing the sequence list that complies with the regulations of the State Intellectual Property Office should also be submitted.

When applying for a utility model patent, the application documents should include: Utility model patent application, description, description drawings, claims, abstract and drawings, each in duplicate.

When applying for a design patent, the application documents should include: Design patent application form, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed. If a description is needed for pictures or photos, a brief description of the design should be submitted in duplicate.

3. Department that accepts patent applications

When applying for a patent, the applicant shall submit or mail the application documents directly to the Patent Office Acceptance Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office Acceptance Office), or they may submit or mail them to the Patent Agency established by the State Intellectual Property Office. , currently has patent agencies of the State Intellectual Property Office in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, and Changchun; the National Defense Patent Branch specializes in accepting national defense patent applications.

4. How to apply for a patent

To apply for a patent, you must submit the necessary application documents and pay the fees as required. Patent applications must be processed in writing or electronically. It cannot be replaced by verbal explanations or providing samples or models. Or omit written application documents. In the patent examination and approval procedure, only written documents have legal effect. All formal documents must be signed and sealed in accordance with regulations, and the signature and seal must be exactly the same as the name or title filled in the request. The signature and seal must not be copied. Procedures involving the transfer of rights should be signed and sealed by all applicants. Other procedures can be handled by the applicant's representative. If a patent agency is entrusted, the signature and seal of the patent agency should be handled. The procedures must be accompanied by supporting documents. Or attachments, the supporting documents and attachments should be originals or copies, and photocopies are not allowed. If there is only one original, a photocopy can be used, but it must be accompanied by a certificate issued by a notary office that the photocopy is consistent with the original.

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