What do you need to know when applying for intellectual property rights?

Intellectual property rights, also known as "knowledge ownership rights", refer to "the exclusive rights enjoyed by rights holders in accordance with the law over the results of their intellectual labor and the marks and reputation in their business activities", which are generally only valid for a limited time. What are the things you need to know when applying for intellectual property rights? When such legal problems arise in life and you don’t know how to solve them, the editor of Legal Savior Network will introduce the relevant knowledge to you in detail, hoping to answer your questions.

What are the matters needing attention when applying for intellectual property rights

1. Definition of three different types of patents:

1. Invention refers to a new product, method or improvement thereof Technical solutions.

2. Utility model refers to the shape, shape and Construct or combine the proposed new technical solutions suitable for practical use.

3. Appearance design refers to the shape, Patterns or their combinations, as well as combinations of colors, shapes, and patterns create new designs that are aesthetically pleasing and suitable for industrial applications.

2. Documents and requirements required for patent application:

(1) Request letter The request letter is the basis for determining the three types of patent applications for invention, Utility model or design, and should be selected with caution; it is recommended to use the unified form of the Patent Office. The request letter should include invention, utility model and utility model. The name of the new model or the name of the product using the design; the name of the inventor or designer, the name of the applicant, address (including postal code) and other matters. Other matters refer to:

1. The nationality of the applicant; if the applicant is an enterprise or other organization, the country where its headquarters is located .

2. The applicant should entrust a patent agency Relevant matters noted. If the applicant applies for more than two people or a unit and does not entrust an agency, a natural person should be designated as the representative, and the contact person's name, address, postal code and contact number should be indicated.

3. Divisional patent application (rejected, withdrawn or deemed withdrawn The type of the application (divisional application cannot be filed) should be consistent with the original application, and the original application number and filing date should be indicated. Otherwise, it will not be processed as a divisional application. For inventions or utility models that require domestic priority, this should be noted in the request. The application country, filing date and application number of the earlier application shall be submitted within one year from the earlier application date.

4. Application document list.

5. Attached file list.

6. The parties shall sign or seal.

7. There are indeed special requirementsOther matters requested.

(2) The instructions should describe the invention or utility model Make clear and complete explanations to the extent that those skilled in the technical field can implement them.

(3) Claims Claims should be preceded by The specification describes the technical features of the invention or utility model and clearly and briefly states the scope of patent protection requested.

(4) Instructions and drawings The instructions and drawings are practical Necessary documents for new patent application. When applying for an invention patent, drawings should also be submitted if necessary. Drawings should be drawn using drawing tools and black ink and must not be altered or easily erased.

(5) Summary of description and summary drawings invention, For utility models, an abstract of the description (limited to 300 words) summarizing the contents disclosed in the application shall be submitted. If there are drawings, the abstract of the description and accompanying drawings shall also be submitted.

"Patent Law of the People's Republic of China" 26 ArticlesWhen applying for a patent for an invention or utility model, a request, description, abstract, claims and other documents must be submitted.

The request should state the name of the invention or utility model , the name of the inventor, the name of the applicant, address, and other matters.

The description should clearly and completely describe the invention or utility model The description shall be subject to the ability of technicians in the technical field to implement it; when necessary, there should be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.

The claims should be based on the description and be clear and Briefly define the scope of patent protection claimed.

For inventions and creations that rely on genetic resources, the applicant should The direct source and original source of the genetic resource shall be stated in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.

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