What are the precautions for patent application?

Consideration of the type of application: When an invention is decided to apply for a patent, the first thing to consider is what type of patent to apply for. Timing of application:

Once you have decided to apply for a patent, you should file your application as early as possible. Selection of Institutions and Persons: When deciding whether to apply for a patent, it should also be considered whether to entrust a person.

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.

1) Where an application for a patent for invention or utility model is made, the request, description, abstract and claims and other documents shall be submitted. The request shall clearly state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.

2) The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of a person skilled in the technical art; Where necessary, drawings should be available.

3) The abstract shall briefly explain the technical points of the invention or utility model. The claims shall be based on the description and state the scope of the claimed patent protection. Where an application for a design patent is made, a written request and documents such as ** or ** of the design shall be submitted, and the product to which the design is used and the class to which it belongs shall be clearly stated.

4) The filing date is the date on which the patent application documents are received by the Patent Office. If the application documents are sent by post, the postmark date of the application shall be the filing date. If the applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of the right of priority.

5) If the applicant files a patent application for the same subject matter with the Patent Office within 12 months from the date of the first patent application for an invention or utility model in China, he or she may enjoy the right of priority. If the applicant claims priority, he or she shall submit a written statement at the time of application and a copy of the documents of the first patent application filed within three months; If a person fails to submit a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.

6) An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models that belong to one general invention idea may be filed as one application. A design patent application should be limited to one design used in one product.

Two or more designs for the same class and as a set** or for a product used may be filed as a single application. The applicant can withdraw his patent application at any time before the patent is granted. The applicant may amend the patent application documents, however, 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 ** expression.

1. A patent literature search should be carried out to determine whether the invention meets the basic conditions of the three characteristics of the patent. At this time, the determination of the three characteristics of the patent is only preliminary, and the search is to minimize the blindness of the patent application, increase the certainty of the patent grant and the legal stability after the grant, and the other purpose is to facilitate the search for the existing comparative technology, so as to more accurately draft the claims and determine the scope of protection of the patent right. 2. It is necessary to further analyze the technological and economic development dynamics of competitors and their patent strategies, and check whether the application is in line with the development strategy and patent strategy of its own products and technology and economy.

3. Do a good job in the confidentiality of relevant technologies and entrust professional patent institutions. 4. Pay attention to the time of applying for a patent to prevent others from taking the lead. Article 10 of the Patent Law The right to apply for a patent and the right to apply for a patent may be transferred.

Where a Chinese entity or individual transfers the right to apply for a patent or a patent right to a foreigner, a foreign enterprise, or another foreign organization, it shall go through formalities in accordance with the provisions of the relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department, which shall make a public announcement. The right to apply for a patent or the assignment of a patent right shall take effect from the date of registration.

Article 26 of the Patent Law of the People's Republic of China Article 22 of the Patent Law of the People's Republic of China.

1. Before applying for a patent, it is best to conduct a patent literature search to find out whether there is a patent for the same technology as your own invention technology;

2. The applicant's official expenses can be reduced by 85% for individuals and 70% for the applicant's official expenses;

3. The protection period of the invention patent is 20 years, and the corresponding annual fee shall be paid in the 1st-3rd, 4th-6th, 7th-9th, 10th-12th, 13th-15th and 16th-20th years after the application;

Precautions for patent application are:

1. The patent application shall submit the request, description, claims and other documents;

2. Generally, a patent application shall go through 18 months of preliminary examination and three years of substantive examination;

3. Other precautions for patent applications prescribed by law.

[Legal basis].

Article 26 of the Patent Law, which came into force on June 1, 2021.

Where an application is made for a concise or utility model patent, the request, the description and its abstract and claims shall be submitted.

Article 34.

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.

Article 35.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39.

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, issue a patent certificate for the invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.