What are the patent application guidelines?

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. So what are the patent application guidelines? 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 patent application guidelines

1. Types of patent applications Patent applications are divided into three types: invention, utility model and design type. New technical solutions proposed for products, methods or improvements can be applied for invention patents;

You can apply for utility model patents for new technical solutions that are suitable for practical use based on the shape, structure, or combination of the product; for the shape, pattern, or combination of the product, as well as the color, shape, and pattern A new design that is aesthetically pleasing and suitable for industrial applications can apply for a design patent.

2. What application Documents should be submitted when applying for a patent? For invention patents, the application documents shall include: invention patent 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 description, and the 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 request, description, drawings of the description, claims, abstract and drawings, each In duplicate. When applying for a design patent, the application documents shall include: a design patent request letter, 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. The applicant applies for a patent in the department that accepts patent applications. When applying, the application documents should be submitted or mailed directly to the Patent Office Acceptance Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office Acceptance Office), or they can be submitted or mailed to the patent agency established by the State Intellectual Property Office. Currently, in Beijing, Patent agencies of the State Intellectual Property Office have been established in 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? A patent application should be submitted Submit necessary application documents and pay fees as required. Patent applications must be made in writing or electronically. Written application documents cannot be replaced or omitted by verbal explanations or by providing samples or models.

Only written documents have legal authority in the patent approval process Potency. All formal documents must be signed and sealed in accordance with regulations, and the signatures and seals must be exactly the same as the names filled in the request. The signature may not be copied. Procedures involving the transfer of rights must be signed by all applicants.Other procedures may be handled with the signature and seal of the applicant's representative. If a patent agency is entrusted, the signature and seal of the patent agency shall be used.

The procedures must be accompanied by supporting documents or attachments , supporting documents and attachments should be originals or copies, and photocopies are not allowed. If there is only one original copy, a copy can be used, but it must be accompanied by a certificate issued by a notary office that the copy is consistent with the original.

5. How to arrange the application documents when submitting the application invention or Utility model patent application documents should be arranged in the following order: request, abstract of description, abstract drawings, claims, description, description drawings and other documents. Design patent application documents should be arranged in the order of request letter, pictures or photos, and brief description. Each part of the application document should be numbered sequentially using Arabic numerals.

6. Paper requirements for application documents Paper requirements for application documents The quality should be equivalent to that of photocopier paper. There should be no useless words, marks, frames, lines, etc. on the paper. All documents must be in A4 size (210 mm × 297 mm) paper.

The paper used for application documents should be used vertically and only one side should be used. . The text should be arranged from left to right, leaving 25 mm of space on the left and top sides of the paper, and 15 mm of space on the right and bottom sides of the paper to facilitate publication and review.

The country must be used on the first page of each part of the application document A form uniformly formulated by the Intellectual Property Office. These forms can be obtained from the Patent Office Reception Office, local patent agencies, or downloaded directly from the State Intellectual Property Office website.

7. The text and writing requirements of application documents must use Chinese characters in all parts of the application documents. If foreign names, place names and scientific and technological terms do not have a unified Chinese translation, the English or original text should be indicated. If the attachments or certificates provided by the applicant are in a foreign language, they should be accompanied by a Chinese translation. The application documents, including the request letter, should be typed or printed in Song font, imitation Song font or regular script. The handwriting should be black and the character height should be 3.5 to 4.5 mm. The line spacing should be between 2.5 and 3.5 mm.

If required to submit two copies of documents, one of them The original copy should be used as the other copy. If there are pictures in the application documents, they should be drawn with ink and drawing tools, or drawn with drawing software. The lines should be even and clear and must not be altered.

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