What are the steps required to apply for a patent? What are the steps required to apply for a patent

According to the Patent Law, the examination and approval procedure for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant, while utility model and design applications do not undergo early publication and substantive examination, and there are only three stages.

The legal documents submitted at the time of patent application must be in written form and filled out in accordance with the prescribed uniform format. To apply for different types of patents, you need to prepare different documents.

1) If an application is made for an invention patent, the application documents shall include: a request for a patent for invention, a description (if necessary, a description with drawings), a claim, an abstract and its drawings (which must be provided when there are drawings to the description).

3) Where a design is applied for, the application documents shall include: a design patent application, ** or **, one copy of each. If the color protection is requested, one copy of color and one copy of black and white shall also be submitted.

If a description is required for ** or **, a brief description of the design shall be submitted in duplicate.

4) If the company applies for a patent, the application documents shall include: a copy of the business license of the enterprise legal person and the ** certificate of the organization (with the official seal), one copy of each, and the inventor's ID number, one copy. Application address, zip code, ** and other means of communication.

5) If an individual applies for a patent, the application documents shall include: a copy of the ID card of the applicant and the inventor, one copy of each, and the application address, zip code, ** and other communication methods shall also be submitted.

Legal analysis: The following steps are required to apply for a patent: 1. The applicant submits a written application in accordance with the law; 2. After receiving the application for invention patent, the patent administration department shall conduct a preliminary review for 18 months, and if the application is passed, it shall be published immediately; 3. If the invention patent application passes the substantive examination within three years from the filing date, the invention patent certificate shall be issued.

Legal basis: Patent Law of the People's Republic of China

Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.

Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Article 35 Within three years from the filing date of an application for invention patent, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the office a crude invention patent, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.

In order to promote the development of modern science and technology, the state vigorously encourages invention and creation, and also protects people's rights to product patents, and the state has also issued special laws and regulations, such as intellectual property law, to protect people's rights。If people create a unique product, discover or appear a certain trace of travel that has never been discovered by others, phenomenon, you can apply for a patent with the state, let us take a look at the steps required to apply for a patent?

1. Submit a patent applicationIf you have invented a unique product through your own wisdom and creativity in your own life, you must first do a good job of confidentiality, and you must not let your precious intellectual achievements be stolen by others, and secondly, you must submit the relevant patent application as soon as possible. After filing, the national intellectual property office will issue the relevant notice of acceptance, and then they will pass the preliminary examination, and then publish it, and then conduct a round of substantive examination, which will be more careful to prevent the applicant from stealing other people's property rights, and after the above work is completed, the person who submitted the patent application will be authorized.

2. After the State Intellectual Property Office authorizes the person applying for the patent, then the relevant documents can be submitted, which mainly include the following. The first is the request, which includes the name of the patent, the name of the creator, the address, etc. The second Wenzi rental is the specification, which is mainly a specific description of the patent, including the name of the patent, as well as the specific content of the patent, its use, and how it should be used, and it is best to attach ** for specific instructions.

3. Precautions in the process of applying for a patentBefore applying for a patent, you must check whether there are some patents similar to your own invention and creation, if you find similarities, then the patent you will apply for is invalid, if you do not have the same product design as yourself, then you can apply for relevant patents.

The first thing is to apply for a patent, and then the relevant department will accept it, and at the same time, it will also conduct a preliminary examination, and then the information will be published, and then there will be a substantive examination request, and then it will be authorized.

1. Patent application; Ant Sun.

2. Acceptance; 3. Preliminary examination;

4. Ruler verification announced;

5. Request for substantive examination;

6. Examination of the excavation of real tombs;

7. Authorization.

First, it is necessary to determine whether the content of the invention-creation belongs to the content that can be applied for and the type of patentability, such as invention, utility model, and design. Second, sign a ** entrustment agreement. At this time, the purpose of signing the ** agreement is to clarify the rights and obligations between the applicant and the patent ** institution, mainly to bind the patentee to have the obligation to keep confidential the content of the applicant's invention and creation.

Third, technical disclosure. 1.The applicant provides the patentee with background information about the invention or entrusts the search for relevant contents; 2.

The applicant details the content of the invention creation. Fourth, determine the application plan. Fifth, prepare the application documents.

1.Drafting patent applications; 2.Preparation of application documents; 3.

File a patent application and obtain a patent application number. Sixth, review. The Chinese Patent Office will examine the patent application documents.

Seventh, the conclusion of the review. The Chinese Patent Office will make a conclusion on the examination of grant or refusal according to the examination situation, and the actual time of this process is generally about 6 months for the design; 10-12 months for utility model; Invention patents are taken for 2-4 years.

Article 26 of the Patent Law of the People's Republic of China provides that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims.

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

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated or investigated.

Article 18 of the Patent Law of the People's Republic of China Where a foreigner, foreign enterprise or other foreign organization that does not have a habitual residence or business office in China applies for a patent or handles other patent affairs in China, it shall entrust a patent institution established in accordance with the law to handle the application.

If a Chinese unit or individual applies for a patent or handles other patent affairs in China, it may entrust a patent-leading institution established in accordance with the law to handle it.

The patent institution shall comply with the laws and administrative regulations, and handle the patent application or other patent affairs in accordance with the entrustment of the first person; The content of the invention and creation of the person subject to the ** shall be kept confidential except for the patent application that has been published or announced. The specific management measures of the patent ** institution shall be stipulated by ***.

1) Application for invention patent.

1. Examination and approval process for invention patent application: patent application - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization.

2. Documents to be submitted to apply for an invention patent.

2) Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

4) Drawings of the specification: Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.

2) Application for utility model patent.

1. Approval process for utility model patent application: patent application - acceptance - preliminary examination - authorization.

2. Documents to be submitted to apply for a utility model patent.

2) Description: including the name of the utility model patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment. The content of the specification shall be written in detail, and the technical content shall be subject to the fact that a person skilled in the art of the art can realize it after reading.

4) Drawings of the specification: The utility model patent must have a description of the drawings.

5) Specification abstract: clearly reflect the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.

3) Application for design patent.

1. The process of applying for a design patent: patent application - acceptance - preliminary examination - authorization.

2. Documents to be submitted for appearance patents.

3) Brief description of the design: A brief description of the design should be submitted if necessary.