What is the process of applying for a patent? What are the avenues

What is the process of applying for a patent? What are the avenues

Answer: 1. To apply for a patent, you can directly submit it to the Patent Office, or you can entrust a patent agency to handle it on your behalf

1) Submit the patent application documents, the patent application form (including information such as the title of the invention, the applicant, the inventor, etc.), and the patent application fee (i.e., the official fee paid to the Patent Office) to the Patent Office. The filing date and application number will be obtained, and the official notification of acceptance will be issued within two weeks from the filing date.

2) If the patent office examines the case, it is necessary to respond within the prescribed time limit if a notification of reasons for refusal is issued. After the examination is finally passed, the patent office issues a notice of grant, indicating that it agrees to grant.

3) After the applicant registers the authorization, the patent authorization announcement takes effect and the patent certificate is obtained.

There are three types of patents in China: invention, utility model, and design.

It takes more than 2 years for an invention, 6-8 months for a utility model, and 5-6 months for a design.

2. Submission of information to the State Intellectual Property Office:

cloth (optional), request for substantive examination, authorization for examination qualification;

3. Appearance - appearance patent application, **or ** (preferably 6 views + three-dimensional view), brief description, fee reduction request (optional), examination and qualified authorization.

There are products to apply for, there are drawings! That's it! Other ** companies have engineers who will help you!

1) Acceptance stage.

After the enterprise submits the patent application, the patent office will verify the patent application to determine whether it meets the acceptance conditions. If the acceptance conditions are met, the enterprise will get an application number and an acceptance notice. It will not be accepted if it does not meet the acceptance conditions.

2) Preliminary examination stage.

The review mainly includes whether it meets the requirements of relevant laws and regulations, whether the application documents are complete and whether the format meets the requirements. If it is qualified, a notice of qualification will be issued.

3) Publication stage.

The invention patent application enters the publication stage from the issuance of the notice of preliminary examination. After preparing for publication, the contents of the patent are published in the Patent Gazette. Once the application is published, the applicant is granted the right to temporary protection.

4) Substantive examination stage.

After the publication of the invention patent application, if the applicant has filed a request for substantive examination and it has taken effect, the applicant shall enter the substantive examination procedure. During the substantive examination, a comprehensive examination of the novelty, inventive step, utility and other substantive conditions stipulated in the Patent Law will be conducted on the patent application.

5) Authorization phase.

If no reason for rejection is found in the substantive examination of the patent application for a patent for invention, the examiner shall make a notice of authorization, and the application shall be prepared for the registration of authorization, and after the authorization of the patent is clarified, the patent office shall issue a notice of grant and a notice of registration formalities, and the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within two months after receiving the notice, and if the registration formalities are completed on time, the patent office will grant the patent right and issue the patent certificate.

1. What is a patent?

A patent is generally a document issued by a ** organ or a regional organization representing several countries according to the application, which records the content of the invention and creation, and produces such a legal state within a certain period of time, that is, the patented invention can only be exploited by others with the permission of the patentee under normal circumstances. In China, patents are divided into three types: invention, utility model and design.

2. What is the patent application process?

1) Acceptance stage.

After receiving the patent application, the patent office will examine it, and if the conditions for acceptance are met, the patent office will determine the filing date, give the application number, and after verifying the list of documents that have been leased, issue a notice of acceptance and notify the applicant.

2) Preliminary examination stage.

If it is not qualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit, and if the applicant fails to reply within the time limit, the application will be deemed to be withdrawn. If the invention patent application is qualified in the preliminary examination, a notice of qualification in the preliminary examination will be issued.

3) Publication stage.

If the applicant does not request early disclosure, the application for invention patent will not enter the publication preparation procedure until 15 months have elapsed from the filing date.

4) Substantive examination stage.

If no grounds for rejection are found in the substantive examination, the authorization procedure will be entered in accordance with the regulations.

5. If the Patent Office issues a notice of grant and a notice of registration formalities, the applicant shall, within two months after receiving the notice, go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice, and if the registration formalities are completed on time, the Patent Office will grant the patent right, issue the patent certificate, record it in the patent register, and announce it in the Patent Gazette after two months, and if the applicant fails to go through the registration formalities in accordance with the regulations, it shall be deemed to have waived the right to obtain the patent right.

3. What are the circumstances under which authorization is not granted?

1. Scientific discovery;

2. Rules and methods of intellectual activity;

3. Diagnosis and method of the disease;

4. Animal and plant varieties;

5. Substances obtained by the nuclear transformation method;

6. The design of the pattern, color or combination of the two is mainly used for identification.

7. No patent shall be granted for inventions and creations that violate the law, social morality or impede the public interest; Patents shall not be granted for inventions or creations that are obtained or utilized in violation of laws or administrative regulations, and which are completed by relying on such genetic resources.

1. What is the patent application process?

1. Preparation of application documents.

2. Submit an application. The applicant shall submit the application documents to the Acceptance Office of the Patent Office of the State Intellectual Property Office or the local agency offices under the Patent Office, which generally takes 3 days.

3. Preliminary examination of invention patents. If the documents of the patent application meet the format requirements and the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. The preliminary examination procedure mainly examines whether the application has obvious substantive defects.

4. Announcement. The invention patent application enters the waiting stage from the issuance of the "Notice of Preliminary Examination". The applicant requests early publication. then the application immediately proceeds to the publication preparation procedure. About 3 months later, it was published in the Patent Gazette.

5. Substantive examination of invention patents. After the publication of the invention patent application, if the applicant has filed a request for substantive examination and has paid the substantive examination fee, the Patent Office of the State Intellectual Property Office will issue a notice of entering the substantive examination procedure, and the application will enter the substantive examination procedure at the same time.

6. Rejection or Authorization. If an application for a patent for invention is found to be inconsistent with the provisions of the Patent Law after substantive examination, the application shall be rejected and no reason for rejection is found, and the Patent Office of the State Intellectual Property Office shall issue a "Notice of Authorization" and a "Notice of Registration". Inventions for new products, new processes, and new technologies are subject to strict examination and require 2 to 3 years to be authorized.

7. Pay the fee. The patent fee standard (domestic part) collected by the State Intellectual Property Office shall be implemented in accordance with the provisions of the domestic part of the patent fee standard. The reduction of patent fees for patent applicants or patentees in financial difficulties shall be implemented in accordance with the relevant provisions of the Measures for Reduction of Patent Fees.

The PCT patent application fees collected by the State Intellectual Property Office shall be implemented in accordance with the relevant provisions of the PCT Patent Application Fee Standards.

8. Issue patent certificates.

2. What are the fees for applying for a patent?

The fee for applying for a patent includes official fees and ** fees. The official fee is a fee paid to the State Intellectual Property Office. If you ask a patent agency to do it on your behalf, then you need a fee.

Due to the complexity of applying for patents, especially the drafting of patent documents, and the long application process, it is generally entrusted to the patent agency.

The process of applying for an invention patent is as follows:

1. Application: The applicant submits the application materials in accordance with the regulations;

2. Acceptance and payment: Accept the application to the State Intellectual Property Office, and the parties pay the patent application fee;

3. Preliminary examination: preliminary examination will be conducted after acceptance by the State Intellectual Property Office;

4. Advance announcement: It will be announced immediately after the preliminary examination;

5. Substantive examination: The State Intellectual Property Office conducts substantive examination according to the request of the applicant;

6. Authorization registration: After the examination is passed, the invention patent certificate will be issued, and it will be registered and announced at the same time.

Utility model and design patent applications do not include substantive examination and early publication.

1. Term of patent protection.

The term of patent protection refers to the period of time during which a patent is granted and granted patent protection. The Patent Law of the People's Republic of China stipulates that the term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

From the wording, we can see that the real start date of protection is from the filing date; That is, in other words, the real date of protection is not ten or twenty years earlier, but less than that.

The termination date is also mentioned in our Patent Law, and the patent right shall be terminated before the expiration of the term under any of the following circumstances under Article 44 of the Patent Law:

1) Failure to pay the annual fee in accordance with the regulations;

2) The patentee renounces its patent right by a written statement.

In these two cases, the patent is terminated, and of course, there is a third situation, that is, when the patent term expires, and when the patent is terminated, the protection naturally ends.

So let's finally conclude that the term of protection of a patent is first of all shorter than the term of the patent, the starting date is the date of application of the patent, and the termination date depends on the patentee, but the maximum period is the date of termination of the patent term.

2. How to protect rights for patent infringement.

1. Carefully compare and analyze the other party's technology with its own patented technology to see whether the other party's technical features really fall within the protection scope of its own patent, so as to determine whether the patent infringement is established.

2. The patentee should also analyze the patentability of its Chinese patent right to determine its validity.

3. After confirming the validity of its patent right and the establishment of patent infringement, the patentee may claim compensation and stop the infringement, eliminate the impact and restore the reputation through negotiation or litigation.

Generally speaking, patent infringement is an application for a certain technology (also called invention and creation), and after confirmation, the national patent office authorizes the patent, and the actor applies the technology for commercial purposes in the future production and operation, with or without the consent of the right holder, this is patent infringement.

Legal Analysis: Patent Application Process: 1. Filling and Writing of Patent Application Documents; 2. Acceptance of patent application; 3. Pay the application fee; 4. Patent examination and approval; 5.

Proactive revision and correction of patent application documents; 6. Reply to various notices from the Patent Office; 7. Handle patent registration procedures; 8. Fees to be paid for registration.

Legal basis: Article 26 of the Patent Law of the People's Republic of China Where an application for a patent for invention or utility model is made, the request, the description and its abstract and the claims shall be submitted. 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.

Patent application General process (1) Determine the type of application 1, the invention product shape, structure, production process, formula protection of Moriju for 20 years 2, the utility model product shape, structure or a combination of the two protection of 10 years 3, design product shape, pattern or color and their combination of protection for 10 years (2) Write the content of the application documents: 1. Invention (utility model): request, claims, description, description drawings, abstract, abstract drawings.

2. Design: request, design drawing or **, brief description of the design. Method:

Write it yourself or commission it from an agency. (3) Submit patent documents 1. Directly mail or submit them to the State Intellectual Property Office (Beijing) 2. Submit them to the Shanghai Agency of the State Intellectual Property Office (Room 916, Building 9, South 9, No. 333 Chengdu North Road, Shanghai) (4) Pay the application fee 1. 900 yuan for the invention; 500 yuan for utility models; The design is 500 yuan. 2. You can submit the application fee reduction procedures to the State Intellectual Property Office at 30%, and the first three years of the annual fee can also be paid at 30%.

The following materials must be prepared: 1. The name of the invention and creation; 2. Prior art information (the technical information that is closest to the present invention and has been disclosed, including the published science and technology, the patent that has been disclosed or the literature that has been referred to for completing the present invention and creation); 3, accomplishing the purpose of the present invention; 4. A technical scheme to achieve the purpose of the present invention: the product invention requires a detailed description of the structural composition of the product, and the method invention requires a detailed description of the steps of the method; 5. Drawings (inventions in the field of machinery must require drawings):

The structure of the product can be clearly seen, the connection relationship of each component can be distinguished, and it can be divided into exploded drawing, anatomical drawing, etc.; 6. Specific embodiments (specific embodiments of the present invention are completed, including experimental data of the experimental process); 7, the best effect that the present invention can achieve; 8. If the applicant is a unit, the unit needs to be stamped: if the applicant is an individual, an individual signature is required; 9. Each application must provide clear information such as the applicant's name, detailed address, **, zip code, and inventor's name. Article 26 of the Patent Law, Article 33 of the Patent Law.