How to apply for a patent 10, how to apply for a patent

To make a statement: it was not that I plagiarized the answer of "Wanyan Kangkang", but that he plagiarized my previous answer. Cough! The champion also plagiarized!!

Preparation of application documents Application steps Approval process Handling agency Processing time limit Payment of fees.

1. The main body. Ordinary individuals can apply for a patent in China by themselves or entrust a patent agency to handle it. If it is a special individual, it must be entrusted to the patent ** agency. Special individuals include:

Foreigners who do not have a habitual residence or business office in China;

Chinese who live or work abroad for a long time;

Compatriots from Hong Kong, Macao and Taiwan. If a Chinese individual applies for a patent for an invention or creation completed in China to a foreign country, he or she should first apply for a patent with the patent administration department, and also entrust the patent agency to handle it, and cannot apply for it on his own.

2. Object. Inventions include inventions, utility models and designs. The type of application should be determined before the application, and the conditions and costs of different types of applications, the content of the rights to be protected, and the economic benefits brought by the grant of the patent right are all different.

Applicants need to choose according to their own circumstances. The term of protection, which is 20 years for inventions and 10 years for both utility models and designs, is calculated from the filing date.

3. Procedure. Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are authorized and announced only after preliminary examination.

For a design patent, a request for a design, a design or ** is required. It takes about 8-12 months for utility model and design patents, and after the formal examination is passed, a notice of authorization will be issued, and the certificate will be obtained in about 2-3 months after the payment of the license fee. The specific time depends on the speed of examination by the examiner, the degree of detail of the applicant's information and the availability of drawings.

Applicants should make adequate preparations before applying.

The process of applying for a patent is as follows:

1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 20 days and a month (this step can be omitted if you do not entrust a ** agency).

2. Submit the application documents, obtain the notice of acceptance from the Patent Office, determine the filing date, and submit an advance disclosure statement and request substantive examination on the day of submission of the documents, so as to speed up the examination process.

3. The Patent Office conducts a formal examination of the patent application documents for about 2-3 months, and enters the stage of preparation for publication after passing the preliminary examination.

4. The patent office publishes the invention application documents in about 6-8 months.

5. The Patent Office conducts a substantive examination of the invention patent documents, which is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, that is, the novelty, creativity, and practicability (the entrusted institution communicates with the ** institution to determine the appropriate scope of protection of the invention), and the communication may go back and forth several times until the amendment is satisfactory to the examiner.

6. The Patent Office issues a notice of authorization.

7. The applicant goes through the procedures for obtaining the patent certificate.

8. Get the patent certificate after about 2-3 months The whole process lasts about 2 and a half to 3 years, depending on the examiner's examination speed and the applicant's detailed information.

Patents are divided into invention patents, utility model patents and design patents, and the application time for different patents is different.

How to apply for a patent, and how to apply for it:

There are two ways to apply for patents in China: one is to submit to the National Patent Office through online channels; Second, it shall be submitted to the State Patent Office by a patent institution (e.g., Bajie Intellectual Property).

Regardless of whether you choose any of the above methods to file a patent application, the examination process for applying for a patent is the same.

The examination and approval procedure for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant.

For utility model or design patent applications, there are no early publication and substantive examination in the examination and approval process, and there are only three stages: acceptance, preliminary examination and grant.

The type of patent application is different, and the filing time is also different:

The State Intellectual Property Office must also apply for the patent in order according to the time of application, and must also go through legal procedures.

Generally speaking, the application time for invention patents is about 1 year, while for utility model patents, it is about half a year.

If you want to save some trouble quickly, it is best to entrust a patent agency to handle it on your behalf, and it can effectively avoid the rejection of the patent application.

Improvements or innovations based on the original patented technology can be patented. However, if the original patent has not lapsed, the original patent must be licensed before it can be produced and sold, and in general, the method of cross-licensing is adopted, that is, the new patent and the original patent license each other to compete with third parties.

This patent application depends on whether you have the determination or not, and sometimes there is a kind of technology that is not very high, and it is very likely that it will not be transformed, and there will be no profit.