Questions about patent applications Some questions about patent applications.

Of course, you can, and it is recommended that you apply as soon as possible, without waiting for things to be made, as long as your application documents are written "like a thing", it is better to find a professional patent person to consult, there is no need to save this thousands of dollars.

There is a great demand for Shenzhen's innovation** and high-tech enterprise identification, and enterprises are very benefited 1) financial value.

Income tax is levied at a rate of 15%;

The land use right transfer fee is levied at 50-75%.

It's relatively easy.

It's just that there are quite a lot of materials submitted, and the company is troublesome, so they are all commissioned.

Once the application is successful, the state will immediately reward 500,000 yuan, and there are great preferential taxes and the success rate of the application is very high.

It is recommended that you consult a professional patent application intermediary.

1) Your utility model will not affect your invention.

2) it can be copied and applied for in their country, which is similar to the preemptive registration of a trademark; Patent protection is territorial, so it is better to avoid having to apply for a patent in the country where you want to protect, or apply for PCT for the invention, and then choose the country to enter the national phase for protection, depending on the situation.

In addition, it is impossible to grant the invention and utility model with the same protection content at the same time, the patent law has provisions to avoid duplicate authorization, the examiner will pay attention to the granted utility model when examining the invention, and generally let the specific one be selected, unless the protection content of the invention is modified, only when the protection content is not the same, it is possible to get two certificates, but the examination of the invention beyond the scope of modification is quite strict, and the space is not so large, even if both are authorized, the significance of such two certificates is not so great, There is also a maintenance fee for the maintenance of the patent right.

It will not affect the granting of invention patents.

People from other countries can apply in their home country, and if they want to avoid it, they can apply for a patent in that country in advance.

Is it the same thing, if it will definitely affect it, why don't you apply for an invention patent directly, why do you have to apply for a utility model?

It will not affect because the filing date of the invention is before the implementation.

If you plagiarize in other countries, you can't pass the censorship, because your disclosure comes first; However, if you want to avoid infringement, you must file an application in another country as well.

If a utility model and an invention are filed at the same time, even if they are implemented without a grant, there will be no impact on the novelty or inventive step.

After the utility model is granted or the invention is disclosed, if someone from another country copies and applies for it, it will affect the novelty; However, if another person learns about the invention or applies for it through improper channels before the grant of a utility model or the disclosure of the invention (whichever is earlier), the foreigner's application may be granted, but if you apply for the invention or utility model in that country through the Paris Convention, the application of that person will still not be granted.

All in all, you don't have to worry too much about what you're worried about, as long as you actively apply for your invention to the various Paris Convention member states, which will prevent your worries from happening.

It depends on when you filed the application After October 2009, the new patent law applies, and if it is after this date, you need to submit a declaration at the same time as filing a patent application: you applied for a utility model at the same time as the application for the invention. Without this declaration, your invention application is not patentable; If there is a claim, the utility model can be abandoned to obtain the invention patent.

If the invention application is filed before October 2009 and there is no declaration, it is also possible to obtain an invention application by abandoning the declaration of use of the new model.

Applying in China can only protect your rights in China, there is no protection in other countries, you can also apply in other countries, but there are some regulations on the application time.

1.The implementation of a utility model does not affect the grant of the invention because the novelty and inventive step are compared with the prior art before the filing date, and the implementation of the utility model after the grant is after the filing date and therefore does not affect the novelty.

2.Other countries recognize patents in their own countries, because patents are geographically restricted, if you want to avoid it, you can now apply for a patent in other countries, or apply for PCT.

Another possibility is that the patent laws of other countries you mentioned stipulate that the prior art includes existing patents abroad, so you can go to their country to apply for invalidation after you find that he has copied.

1. What is the specific process?

Submit to the State Intellectual Property Office:

1. Invention: invention patent request, description, drawings (optional), claims, abstract, abstract drawings (optional), request for fee reduction (optional), advance publication (optional), substantive examination request, examination qualified authorization;

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

If you are not familiar with the application process, you can entrust ** agency to complete it.

2. How much does it cost?

The fees are as follows (RMB).

Invention patent application fee 900 135 (85% reduction for individuals).

The printing fee of 50 for invention patents will not be reduced.

The examination fee for invention patent application is 2500 375 (85% reduction for individuals).

Invention patent authorization certificate and other fees 255 will not be reduced.

Invention patent annuity fee 1 3 years 900 135 (85% reduction for individuals).

Other years omitted.

Utility and design patent application fee 500 75 (85% reduction for individuals).

Fees for utility and design grant certificates205 will not be reduced.

Utility and design patent annuity fee 1 3 years 600 90 (85% reduction for individuals).

Other years omitted.

1. If you apply to pay the above fees by yourself.

2. If you entrust ** agency to apply for the payment of the above fees + ** fees (** fees vary greatly from place to place, at least 3000 or more).

3. How long does it take from the time I report to the time my application is successful?

1. In the case of no correction, the appearance and practicality of 4 6 months authorization notice, after about 3 months to get the certificate authorization announcement;

2. Invention 2 6 years.

4. During the period between my patent application and the successful application, will others apply for it?

As long as the conditions for acceptance are met, others can apply for a patent at any time and be accepted, but if you apply for the same invention first, others will apply later, even if the later application is authorized, but it can be invalidated.

The preliminary judgment is that you should be an invention patent, the time needs 2 to 3 years, the cost needs about 10,000 yuan, the patent implementation application is first, you apply, others will not succeed.

It is recommended that you do a patent search to see if there is a prior right, if you already have, you do not need to apply, we can do a free search for you, of course, you can also go to the patent office to search by yourself, next to Jimen Bridge.

Beijing Nulekang Intellectual Property Law Firm.

62277440 Dan Zhang.

Of course, you can apply for a patent, you can apply for a practical application or an invention. However, as we all know nowadays, shopping carts belong to prior art, so if you want to apply for an invention, you must have the innovation and novelty mentioned in the patent law.

In the past, when people didn't think of shopping shuttles, you could apply for an invention, which would be easier to authorize, and if it was a patent that was drafted with one right, you could make a fortune.

I hope you give a thumbs up in the bottom right corner"Agreed"Send you your precious 1 point, thank you].

Business methods cannot be patented in China, but in the United States.

A real sample of the product is not necessarily required to apply for a patent.

??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:

??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, the authorization shall be granted if there is no objection within the time limit).

??4. After everything is ready, it can be accepted on the same day, and it will be protected by law on the same day.

??Fees: Application fee and examination fee for invention application, the amount (RMB) is:

The application fee for invention patent is 950 yuan (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.

There are several cases in which a patent may be withdrawn:

The Patent Law regulates the process of patent application accordingly, which may lead to the passive withdrawal of the patent, and the passive withdrawal of the patent is as follows: if the applicant for a patent for invention fails to request substantive examination within the time limit without justifiable reasons, the application for change shall be deemed to be withdrawn, and if the application for invention patent has been filed in a foreign country, and the applicant for a patent for invention has not submitted the information on the search for examination of the application or the results of the examination within the time limit without justifiable reasons, the application for change shall be deemed to be withdrawn. If the patent administration department requires the applicant to state its opinions or apply for amendment after conducting a substantive examination of the invention patent, and the applicant fails to reply within the time limit without justifiable reasons, the application for amendment shall be deemed to be withdrawn.

Generally, the patent will not be withdrawn because of its name.

The name has no effect, it is the technical solution itself, and the inappropriate shape adjective will not cause the description to be unclear or wrong, so the scope of protection is not clear, so it depends on how the examiner makes an examination opinion!