Patenting yourself, how to operate, patenting steps yourself

To apply for a patent, you can submit the patent application documents to the patent office by yourself, or you can entrust a patent ** agency to handle it. The specific process is as follows:

2) Fill in the request for patent application (including the title of the invention, the applicant, the inventor and their related information, etc.).

3) Pay the patent application fee.

4) After these are submitted to the patent office, the filing date and application number are obtained, which are used as the unique number for examination by the patent office in the future. The official notice of acceptance will be issued within two weeks after the filing date.

5) The patent office examines and finally passes the examination, and the patent office issues a notice of authorization to indicate that it agrees to the authorization.

6) The patent grant announcement takes effect after the applicant registers the grant (pays the money).

There are three types of Chinese patents: invention, utility model and design

The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced to 1070 if the company fee reduction conditions are met, and 560 if the individual fee reduction conditions are met;

The standard official fee for filing a utility model or design patent is 500 yuan, which can be reduced to 150 if the company fee reduction conditions are met, and 75 if the individual fee reduction conditions are met.

Here you have to confirm first, 1. Are you applying in the name of an individual or a company? (in relation to fee reduction procedures).

2. Is it to apply for invention or utility, or both?

In terms of process, generally.

1. Submit the application materials first (check the specific ones yourself), and submit the request for fee reduction at the same time;

2. After receiving the approval letter of national acceptance and fee reduction, the application fee shall be paid;

3. If it is practical, wait for the registration procedures after receiving the authorization and registration notice, and then get the certificate;

In the case of an invention, it is more complicated, and I will not describe the procedures for requesting early disclosure and initiating substantive examination.

The fee reduction certificate can be handled directly at the local intellectual property office, and the submitted materials are the technical disclosure certificate, the identity certificate, and the fee reduction certificate.

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.

Legal analysis: submission of patent application, issuance of acceptance notice by the State Intellectual Property Office, preliminary examination, publication, substantive examination and authorization by the State Intellectual Property Office.

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 should state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other particulars.

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 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.

How to apply for a patent and improve the patent grant rate? According to the 2021 annual report of the State Intellectual Property Office, the patent authorization rate of China's trembling mu god is 10,000 authorized utility model patents in the same year, a year-on-year increase; 10,000 design patents were authorized, a year-on-year increase. According to the data of the previous two years, the authorization rate of invention patents is significantly lower than that of utility model patents and design patents, so what should we do to improve the authorization rate of invention patents?

Let's take a look at it Let's take a look at it If we want to improve the authorization rate of invention patent applications, we can start from the following aspects: 1. Technical disclosure A detailed and complete technical disclosure has a great role in promoting the successful authorization of patents. Professional patent ** converts the technical solution in the technical disclosure into a legal document, which avoids the delay in the application process due to the substandard disclosure 2. Communication The inventor should communicate the invention idea with the first person in advance, so that the first person can fully understand and excavate the technical solution and its logic presented in the technical disclosure document, so that the application documents can better present the technical solution and actual effect 3. Patent search It is very necessary to carry out a patent search before applying for a patent, and its role mainly includes:

1) Screening out the technical solutions that obviously do not have the prospect of licensing (2) Supplementing and circumventing the technical solutions with certain licensing prospects in accordance with the prior art, including but not limited to supplementing the control test and data, adjusting the scope, and strengthening the reasonable layout and expression of the distinguishing points (3) Helping the patenter to better carry out the reasonable layout of the claims and specifications 4. Writing There are many rules and requirements for the drafting of patent application documents, and it is difficult for non-professionals to write a very good patent application document. It is easy for the patent application to be rejected due to unclear drafting, so it is necessary to find a professional to carry out the drafting 5. Reply to OA The reply to the office action is the channel and right for the applicant and the examiner to communicate with the patent law, and this channel can be used well to persuade the examiner to recognize that the patent application meets the conditions for grant and thus grant the patent right, and its importance is obvious 6. Reasonable layout You can win by "reasonable layout of quantity and quality" to achieve the purpose of improving the grant rate of invention patent applications.

The answer is yes.

However, you need to draft your own patent application documents and submit them, and then submit them with ** letters.

so that you can register a patent e-filing account for electronic application.

What they say is that they need to find a patent and trademark firm or a first-class institution, because they can't write patent application documents, so they have to find a special patent and trademark law firm or **agency to apply.

In addition, if you don't know this aspect very well, it is best to entrust a ** agency to apply, so as not to affect the protection of your rights, you can also find this unit, professional and reliable.

Patent, literally, refers to exclusive rights and interests. The word "patent" is derived from the Latin word litterae patentes, meaning public letters or public documents, which were used by medieval monarchs to promulgate certain privileges, and later referred to the English king.

Certificate of exclusive rights signed in person.

In modern times, a patent is generally a document issued by a ** organ or a regional organization representing several countries according to an 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 and creation can only be exploited by others with the permission of the patentee under normal circumstances. In China, patents are divided into inventions and utility models.

and design.

You can submit the application documents yourself without going through the ** agency.

Of course, you can, but the patent has a more professional and strict format, language requirements, and it is difficult to write the application documents without professional knowledge, and professional things are still done by professional people.

Yes, you can go to the relevant departments to apply for a patent yourself.

The process of applying for a patent on your own is as follows:

1. For application, the applicant shall submit the application materials in accordance with the regulations;

2. Accept and pay the application, accept the application to the State Intellectual Property Office, and 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.

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

What are the requirements for applying for a patent?

To apply for a patent, the following conditions are required:

1. The subject is qualified. That is, the applicant is the patentee or the person authorized by it;

2. Complete materials;

3. The time is right. That is, it is necessary to apply to the Patent Office for substantive examination within the prescribed time limit;

4. The object is eligible. That is, the patent should be novel, inventive and practical.

Legal basis: Article 34 of the Patent Law of the People's Republic of China.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.

You can apply for a patent by yourself, or you can entrust a ** institution to apply for a patent. The Common Application process is as follows:

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

1. Acceptance stage:

If the conditions for acceptance are met, the Patent Office will fix the filing date, provide the application number, and notify the applicant by issuing a Notice of Acceptance after verifying the list of documents.

If the application is submitted electronically, it will normally be dispatched within 2-3 business days to receive an electronic copy of the Notice of Acceptance and Payment of the Application Fee Reduction Approval Notice.

2. Preliminary examination stage:

1) The title of the invention should generally not exceed 25 characters. In exceptional cases, inventions in the field of chemistry can contain up to 40 characters.

2) Whether the name of the invention in the request, specification, confidentiality examination request (if any), substantive examination request (if any) and the authorization letter of the patent** institution (if any) are consistent.

3) The summary part of the specification shall not exceed 300 words. It can contain the chemical formula of the present invention.

4) Whether the abstract diagram (if any) is one of the diagrams in the description.

3. Announcement stage.

After receiving an application for a patent for invention and determining that it meets the requirements through preliminary examination, the patent administration department shall make a public announcement after the expiration of 18 months from the date of notification. Date of application. Request early announcement of their application. Sue.

4. Substantive examination stage.

Within three years from the date of filing, the patent administration department may conduct substantive examination of the application at any time according to the requirements submitted by the applicant; If the applicant does not request substantive examination within the time limit without justifiable reasons, the application is considered withdrawn. Of course, don't forget to pay the substantive examination fee when filing a request for substantive examination!

5. Authorization stage.

Prompt payment of the authorized registration fee, annual fee and stamp duty within the deadline specified in the "Notice of Registration Procedure"!

6. Payment of annual fees.

The annual fee after the year in which the patent is granted shall be paid before the expiration of the term of the previous year. If the patentee fails to pay in full or fails to pay in full, the patent administration department shall notify the patentee of six fees from the date of expiration. Charge at the same time; The amount of the late fee is calculated based on the amount of the late fee for each month that exceeds the stipulated payment time plus 5% of the total annual fee for the year; If the payment is not made within the time limit, the patent right shall become invalid after the payment of the annual fee.

Terminated on the date.

1. How much is the application fee for invention patents?

The application fee for invention patent is 950 yuan (including 50 yuan for printing).

The following is an indication of the filing fees for various patents:

1. The application fee for invention patent is 950 yuan (including 50 yuan for printing);

2. The application fee for utility model patent is 500 yuan;

3. The application fee for a design patent is 500 yuan;

4. The examination fee for the invention application is 2,500 yuan.