What are the specific procedures for patent application
(1) Application for invention patent
1. Invention patent application approval process: patent application - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization
2. Documents required to apply for an invention patent
1) Request letter: including the name of the invention patent, the name of the inventor or designer, and the name of the applicant , address, etc.
2) Description: including the name of the invention patent, the technical field to which it belongs, background technology, invention content, description of the drawings and specific implementation methods.
3) Claims: describe the technical features of the invention and clearly and briefly state the content requested for protection.
4) Drawings in the description: Invention patents often have drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.
(2) Utility model patent application
1. Utility model patent application approval process; patent application —Acceptance—Preliminary Examination—Announcement—Authorization
2. Documents required to apply for a utility model patent
1) Request letter: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name of the utility model patent, the technical field to which it belongs, background technology, content of the invention, description of the drawings and specific implementation methods. the contents of the manualThe writing should be detailed, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
3) Claims: describe the technical features of the utility model and clearly and briefly state the content requested for protection.
4) Instructions and drawings: Utility model patents must be accompanied by drawings.
5) Summary of the description: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem
(3) Application for appearance patent
1. The process of applying for appearance patent: patent application - acceptance - preliminary examination - announcement - authorization
2. Documents required for appearance patent
1) Request letter: including appearance patent Name, designer’s name, applicant’s name, name, address, etc.
2), appearance design pictures or photos: at least two sets of pictures or photos (front view, rear view, top view, bottom view, left view, right view, if Provide a three-dimensional view if necessary)
3). Brief description of the appearance design: A brief description of the appearance design should be submitted if necessary.
1. Definition of patent application
Patent application: an invention For a creation, the applicant must file a patent application with the competent government department (in China, it is the State Intellectual Property Office of the People's Republic of China). Only after review and approval by the State Intellectual Property Office of the People's Republic of China in accordance with legal procedures can the patent right be obtained. In China, inventions and creations include three types: inventions, utility models and designs. In the application stage, they are called invention patent application, utility model patent application and design patent application respectively. After being authorized, they are called invention patents, utility model patents and design patents respectively. At this time, the applicant is the patentee of the corresponding patent.
2. Patent application classification
1. Invention patent: for New technical solutions proposed for products, methods or improvements in products or methods can apply for invention patents;2. Utility model patents: For new technical solutions that are suitable for practical use based on the shape, structure or combination of the products, you can apply for utility model patents; 3. Design patents: For the shape, pattern or combination and color of the product New designs that are aesthetically pleasing and suitable for industrial applications combined with shapes and patterns can apply for design patents.
3. Why apply for a patent
1. Pass statutory The procedure determines the ownership of the rights of inventions and creations, thereby effectively protecting the results of inventions and creations and monopolizing the market in exchange for the greatest benefits; 2. In order to take the initiative in market competition, ensure the safety of one's own production and sales, and prevent opponents from obtaining patent status Sue us for infringement (suffering high financial compensation and forcing yourself to stop production and sales); 3. The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, and high-tech enterprise policies, etc.), and some policies will be provided , financial help. 4. Patent rights are protected by the national patent law. No unit or individual can use it without the consent of the patentee (sue others for infringement of patent rights and ask for compensation). 5. Apply for patents for your inventions and creations in a timely manner so that your inventions and creations can be protected by national law and prevent others from imitating new technologies and products developed by your company (which constitutes a technical barrier. If others want to develop similar technologies or products, they must obtain a patent The rights holder agrees). 6. If you do not apply for a patent in time for your invention and creation, others will file a patent application for the fruits of your labor, and in turn sue you for patent infringement to the court or patent management agency. 7. It can promote the upgrading of products, improve the technical content of products, improve product quality, and reduce costs, making the company's products invincible in market competition. 8. If an enterprise owns multiple patents, it is a reflection of its strong strength and a kind of intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers flock to, but also the main target group supported by various government policies. ), the 21st century is an era of knowledge economy, and the future competition in the world is the competition of intellectual property rights. 9. Patented technology can be sold (transferred) as a commodity, which has more legal and economic benefits than pure technology transfer, thereby achieving the realization of its economic value. 10. Patent publicity is effective. 11. Avoid the embarrassment of removing exhibits from exhibitions. 12. In addition to the above functions of patents, having a certain number of patents is also an important indicator in enterprise listing and other evaluations, such as: high-tech enterprise qualification evaluation, acceptance and evaluation of science and technology projects, etc. Patents also have a market for scientific research results. bridging role. In short, patents can be used as a shield to protect one's own technology and products; they can also be used as a spear to combat infringement by opponents. Making full use of the various functions of patents will greatly promote the production and operation of enterprises.
4. Benefits of patent application
1. As an intangible asset, patents have huge commercial value and are It is an important means to enhance the competitiveness of enterprises. 2. Applying for patents for scientific research results is the basis for enterprises to implement patent strategies. 3. The quality and quantity of patents are a reflection of an enterprise’s innovation capabilities and core competitiveness, and are an important indicator of an enterprise’s identity and position in the industry. A symbol of status. 4. Enterprises can obtain long-term returns by applying the patent system. 5. Enterprise ownership of patents is a necessary prerequisite for applying for high-tech enterprises, innovation funds and other types of science and technology plans and projects
5. Patent application procedures
1. Principles for granting patents: In accordance with the basic principles of patent law, for Only one patent can be granted for the same invention. When two or more people file separate patent applications for the same invention, there are two principles: one is the first-to-invent principle, and the other is the first-to-application principle. First-to-invent principle It means that if two or more people file patent applications for the same invention, the patent right should be awarded to the person who made the invention first, regardless of the time when they filed the patent application. However, due to the adoption of this principle At this time, many practical difficulties are often encountered in determining who is the first inventor. Therefore, currently only a few countries in the world, such as the United States, Canada and the Philippines, adopt this patent application principle. The so-called first-to-file principle refers to When two or more people file separate applications for the same invention, the patent right will be awarded to the person who filed the patent application first, regardless of the order in which they made the invention. This principle is adopted by most countries in the world.
2. Patent examination procedures: Countries have different requirements for the examination of patent applications, and there are basically two Different systems. Some countries implement a formal examination system, which only examines whether the form of the patent application meets the requirements of the law, but does not examine whether the invention meets substantive conditions such as novelty. Some countries implement a substantive examination system, that is, Not only the form of the application is examined, but also whether the invention meets the novelty, advanced nature and practicality and other conditions are substantively examined. Only inventions that meet the above patent conditions will be granted patent rights. China and most countries in the world adopt substantive Examination system.
6. Processing methods
1. Entrust a nationally recognized patent agency to handle the process 2 .Applicants should go directly to the National Patent Office of China to apply.
7. Patent application details
1. Determine whether the content of the invention is patentable; then determine which type of patent (invention patent application, utility model patent application, appearance patent application) the content of the invention and creation can be applied for. Design patent application)
2. Sign an agency agreement. The purpose of signing an agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency. , mainly restricts the patent agent to bear the obligation to keep the applicant’s inventions and creations confidential.
3. Technical disclosure
(1) The applicant provides the patent agent with information about the invention and creation. Background information or entrusted retrieval of relevant content;
(2) The applicant introduces the content of the invention and creation in detail to help the patent agent fully understand the content of the invention and creation.
4. Prepare application documents
(1) Write patent application documents;
(2) Prepare application documents;
(3) Submit a patent application and obtain a patent application number.
The above is the specific procedure for invention and creation. Positive inventions and creations can advance the country's scientific and technological level and also demonstrate people's living and social standards. Protecting the rights and interests of these inventors will allow them to invent with greater peace of mind and create more benefits for society. I hope that all inventors can apply for patents in a timely manner and protect their inventions in a timely manner.
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