What do I do if I invent something? I d like to be more detailed, thank you

Where an application is made for an invention patent, the application documents shall include: an application for a patent for invention, a description (if the description has drawings, drawings shall be submitted to the description), claims, and an abstract (if necessary, there shall be an abstract drawing), each in duplicate.

For an invention patent application involving an amino acid or nucleotide sequence, the sequence listing shall be included in the specification, the sequence listing shall be submitted as a separate part of the specification, and the page numbers shall be prepared consecutively with the description, and a CD-ROM or floppy disk containing the sequence listing shall also be submitted in accordance with the provisions of the State Intellectual Property Office.

If an application for a design patent is made, the application documents shall include: a design patent application, ** or **, in duplicate. If the color protection is requested, the color ** or ** in duplicate shall also be submitted.

If ** is submitted, both copies should be **, and if ** is submitted, both copies should be **, and ** or ** should not be mixed. If it is necessary to explain ** or **, a brief description of the design shall be submitted, in duplicate.

To put it simply, a patent is a new product or new technology, and the improvement of an existing product or technology is also considered a new product or new technology as long as it can solve a specific problem and produce a more positive effect.

The so-called newness is interpreted as "novelty" in the Patent Law, which means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date. ”

Basically, if the new conditions are met, the product or technology can be patented, and there is only one department to apply for a patent: the State Intellectual Property Office, the applicant can submit an application to the patent office by himself, or he can entrust the patent agency.

The above is relatively superficial, if you want to study it carefully, let's take a look at the patent law.

Look primarily at articles 20 to 27.

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What is it? Than the theory of relativity? ``

Just go to your local patent office

How detailed and detailed it is.

1. Confirm the type of patent that needs to be applied.

2. To search for the same type of patent, you can search by yourself or entrust a more comprehensive search by a ** institution.

3. Prepare the application documents and submit them to enter the application steps.

4. Obtain a notice of acceptance.

5. Preliminary examination (if the invention patent application is applied for before the preliminary examination, the patent application must first be kept confidential, and if it needs to be confidential, it shall be handled according to the confidentiality procedure).

6. Publication stage (especially for invention patent application).

7. Substantive examination (especially for invention patents), from the aspects of novelty, inventiveness, practicability, etc., shall be comprehensively examined.

8. Authorization stage. Utility model and design patents can directly enter the authorization stage after passing the fifth step of examination.

1. What is an invention patent?

The second paragraph of Article 2 of China's Patent Simplified Law defines invention as follows: invention refers to a new technical solution proposed for the improvement of a product, process or promoter. The invention patent does not require that it is a technical achievement that has been proved in practice to be directly applied to industrial production, it can be a solution to a technical problem or an idea, and has the possibility of industrial application, but this cannot be confused with the simple proposal of the topic or idea, because the simple topic or idea does not have the possibility of industrial application.

2. The nature of the patent.

A patent should have the following properties:

Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Practicality, the Patent Law stipulates that practicality refers to the invention or utility model that can be manufactured or used and can produce positive effects. Being able to manufacture or use means that the invention can be manufactured in large quantities in the production of industry, agriculture and other industries, and applied in industrial and agricultural production and people's lives, and at the same time produce positive effects.

It must be pointed out here that the patent law does not require that the invention or utility model has been produced in practice before applying for a patent, but that it can be analyzed and inferred to be realized in the production of industry, agriculture and other industries.

How to apply for a patent for an individual invention:

1. The parties themselves or entrust others to submit an application to the patent administration department;

2. After receiving the application for invention patent, the patent administration department shall conduct a preliminary examination for a period of 18 months;

3. If the application for invention patent passes the substantive examination within three years from the date of application, a certificate of invention patent shall be issued, and it shall be registered and announced at the same time.

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 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.

Article 33 of the Patent Law of the People's Republic of China The applicant may amend the patent application documents, but the amendments to the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** representation.

Article 35 of the Patent Law of the People's Republic of China Within three years from the filing date of an application for an 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. When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

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

1.The process of applying for a personal patent is as follows:

1) Consultation. Consult patent-related knowledge to understand the basic process and theory;

2) Prepare technical disclosures;

3) For Chinese patent searches, the search fee should be paid first. Confirm the novelty of the contents of the preliminary application in the Chinese patent and prevent infringement of the patent rights of others in China;

4)**。According to the original materials provided by the applicant, the applicant shall draft the application documents that comply with the provisions of the Patent Law, the Detailed Rules for the Implementation of the Patent Law and the Examination Guidelines;

5) Acceptance. After receiving the application documents mailed or submitted, the State Patent Office shall send back the notice of acceptance;

6) Preliminary examination. The National Patent Office conducts a preliminary examination of the application documents submitted.

2.Legal basis: Article 22 of the Patent Law of the People's Republic of China.

Patented inventions and utility models shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents published or published after the filing date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Practicality refers to the fact that the invention or utility model can be manufactured or used by a person who has been closed and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology known to the public at home and abroad before the filing date.