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Patent applications can be made either at the patent office of the State Intellectual Property Office (Beijing) or at the patent agency of the State Intellectual Property Office in the provincial capital. Requirements for applying for a patent: 1. The application documents must be complete
Request, description, claims, abstract, **or **; 2. The invention (achievement) should have "three characteristics" (novelty, inventiveness, and practicability), and the specific requirements are mainly that others have not applied for and the achievement has not been disclosed (except for the disclosure at international exhibitions, academic conferences and technical conferences, and the disclosure of content without the consent of the inventor); 3. The patent examination system in our country is: early disclosure and request examination system (substantive examination) for invention patent applications; Formal examination is applied to utility model patents and design patents. (The so-called formal examination is also called the registration system or the non-examination system.)
The main content of the examination is whether the application documents meet the requirements and whether the invention is duplicated. After publication in the gazette, if there is no objection within the time limit, it will be authorized) 4. After everything is ready, it can be accepted on the same day, and it will be protected by law on the same day. Cost:
The amount of the application fee and the examination fee for the invention application (RMB) is: 950 yuan for the application fee for invention patent (including 50 yuan for printing); The application fee for utility model patent is 500 yuan; The application fee for a design patent is 500 yuan; The examination fee for the invention application is 2,500 yuan. A patent is a system of protection for the inventor's inventions, and there is no reward in the process of applying for a patent. Oh.
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You need to take your own invention idea, and if you have drawings, bring the drawings to the local intellectual property office to handle it, and the fee must be paid, and the fee is different according to the type of application.
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After the applicant prepares the relevant materials and submits the application to the patent administration department, after receiving the application for invention patent, if it is found to meet the requirements of this law after preliminary examination, it shall be published immediately after 18 months from the date of application. If no reason for rejection is found in the substantive examination of the application for a patent for invention, the patent administration department shall make a decision on granting the right of invention and issue a certificate of invention patent. According to the relevant laws and regulations, after receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, it shall be published immediately after 18 months from the date of application.
The patent administration office may publish the application at an early date upon the request of the applicant. If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.
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.
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 state 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. Article 27 Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted.
The applicant submits a request for the design of the product for which the patent protection is claimed.
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Hello, the patent application needs to submit the patent application, claims, description and abstract of the description to the State Intellectual Property Office, and determine the novelty, inventiveness and practical usefulness of the patent application through substantive examination, and then you can obtain the patent authorization. The application can be handled by yourself, or it can be handled by the patent ** agency.
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The procedure for applying for a national invention patent is:
1. The applicant provides the original technical data and personal (unit) information;
2. Entrust a patent agency, sign an entrustment agreement, and draft a patent application document that meets the requirements of the patent law; If needed, you can search first.
3. Submit the patent application documents to the State Specialized Air Profit Bureau, obtain the patent application number, and pay the patent application fee according to the regulations;
4. After entering the preliminary examination and passing the examination, the invention patent application will be disclosed in the patent gazette and ** after 18 months from the filing date; At the request of the applicant, early disclosure may also be requested at any time within 15 months from the filing date;
5. Entering the substantive examination (substantive examination) stage: the applicant can file a substantive examination with the patent office at any time within 3 years from the filing date, or can initiate a substantive examination after the publication of the patent application, and the substantive examination fee for the patent examination shall be paid according to the regulations;
6. After substantive examination, the patent conforms to the practicability, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee, and certificate production cost are paid according to the regulations, and the invention patent certificate is obtained; The authorized patent for the invention of mammoth socks will be published.
7. If the priority of an earlier invention patent application is claimed, the relevant information of the earlier application shall be provided.
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Summary. The application process for national invention patents is as follows: 1. The applicant submits the application materials in accordance with the regulations; 2. Accept the application to the State Intellectual Property Office, and the parties concerned pay the patent application fee; 3. Preliminary examination, preliminary examination after acceptance by the State Intellectual Property Office; 4. Publish in advance, and publish it immediately after the preliminary examination; 5. Substantive examination: The State Intellectual Property Office conducts substantive examination according to the applicant's request; 6. Authorization registration, after the examination is passed, the invention patent certificate will be authorized to be issued, and it will be registered and announced at the same time.
The application process for national invention patents is as follows: 1. The applicant submits the application materials in accordance with the regulations; 2. Accept the application to the State Intellectual Property Office, and the parties concerned pay the patent application fee; 3. For the initial defect and dismantling the examination, the State Intellectual Property Office will conduct a preliminary examination after acceptance; 4. Publish in advance, and publish it immediately after the preliminary examination; 5. Substantive examination: The State Intellectual Property Office conducts substantive examination according to the request of the applicant; 6. Authorized Changcong registration, after the examination is passed, the invention patent certificate is authorized, and it is registered and announced at the same time.
Can you add, I don't quite understand it.
1. The following conditions need to be met for the application of slag flushing and national invention patent: 1. The scope of the patent application only includes design and invention and utility model; 2. Inventions and utility models shall be practicable, inventive and novel; 3. The subject of the application is suitable; 4. Other conditions prescribed by law.
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Procedures for applying for national invention patents:
1. The applicant submits the application form, the description and its abstract and claims.
2. Within 18 months after receiving the application for invention patent, the patent administration department shall conduct a preliminary examination and publish it if it meets the requirements.
3. Within three years from the date of application, if the leakage of the substantive examination is passed, the invention patent certificate shall be issued, and the invention patent shall be registered and announced at the same time.
Form of filing of a patent application:
The applicant shall file the patent application in electronic form or in written form.
1. If the applicant applies for a patent in the form of an electronic file, he or she shall go through the registration procedures for the user of the electronic application in advance and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.
2. If the applicant applies in writing, he or she may submit the application documents and other documents to the acceptance window of the Patent Office in person or send them to the "Acceptance Office of the Patent Office of the State Intellectual Property Office" (hereinafter referred to as the Acceptance Office of the Patent Office), or in person to the acceptance window of the Patent Office of the Patent Office located in the local area.
At present, the Patent Office has set up representative offices in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou, Taiyuan and other cities.
The Defence Intellectual Property Office specializes in the processing of defence patent applications.
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Developed by the University of Pennsylvania, USA.
How to write the application form.
Date: 2005-3-7 >>>More