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According to the situation of your transformation, if the practicability has been greatly improved after the transformation, and there is no lack of novelty and innovation, you can apply for an invention patent; Taking a step back also gives you the opportunity to apply for a utility model patent.
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It's better to be able to do physical things, but if the project is huge, or the cost is too high, then it is not necessary. Examples are not a prerequisite for patenting.
You can apply for a patent 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 invention application examination fee, the amount (RMB) is: invention patent application fee of 950 yuan (including printing fee of 50 yuan); 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.
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You don't need to be physical, you just need to provide your drawings (CAD drawings are best), explain the names of the individual parts and their connection and working principle, and briefly talk about its benefits. With regard to fees, sub-fees and fees (to be handed over to the Patent Office of the State Intellectual Property Office), a brief explanation: utility models and designs, individual applications:
The application fee is 75 yuan, and the later certificate fee is 295 yuan. If it is exempted, the application fee is 150 yuan, and the certificate is scrapped 385 yuan in the later stage, and if it is not exempted, the application fee is 500 yuan, and the certificate fee is 805 yuan in the later stage. The above fees are handed over to the state, as for the ** fee, each ** agency is different, if you can, I can guide you through the whole process of the relevant patent application work.
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Description of mechanical patent technology disclosure materials.
If the invention-creation involves a mechanism, device, or a product (including electronic products) with structure in a broad sense, the following information shall be provided at the time of application:
The name and purpose of the mechanism or device.
Existing technology and its shortcomings.
First, introduce the existing mechanism or device that is closest to the present invention, explain its main structure and principle of action, and point out the shortcomings or deficiencies of the structural principle of this prior art at the same time.
If possible, it is advisable to provide relevant introductions, or published ** or patent documents; A drawing of the prior art can be provided, and its structural principle can be illustrated in conjunction with the drawing.
Purpose of this patent.
It is pointed out that the technical solution of the present invention is intended to improve the prior art, or that it is to solve what defects exist in the prior art.
A detailed description of the mechanism or apparatus of the present invention.
Refer to the drawings provided, and cite the numbers in the drawings, detailing the components of the mechanism or apparatus of the present invention that are associated with the purpose of the invention, and describing the necessary shapes of the components and the connection between them.
For example: position relationship, connection relationship, coordination relationship, interaction relationship in mechanical products, etc.
For example, the connection relationship in electronic products, the working current being acted upon, or the direction of the signal, etc.
Explain the principle of action of the present invention, and the method of use. Describe the functions of each specific device in the attached drawings and the functions of each specific process in the flowchart.
Where moving parts are involved, the process of action can be explained.
Are there other alternative structural alternatives to the present invention that can also accomplish the purpose of the invention? If so, please indicate.
beneficial effects of the present invention.
Describe the beneficial effects or advantages determined by the structure of the present invention, such as: overcome the shortcomings, increase the function, reduce the cost, simplify the structure, easy to manufacture, low failure rate, safe and reliable, energy saving and environmental protection, easy to operate, etc.
Where possible, provide corresponding technical parameters and data to specify the beneficial effect, and at the same time provide the parameter data of the original technology for comparison.
Drawings and descriptions.
Provide drawings of the mechanism or apparatus of the present invention, which may have more than one drawings, and require that the structure of the present invention be clearly expressed. Drawings can be engineering assembly drawings, stereoscopic diagrams, sectional views, local enlarged drawings, partial sectional views, part drawings, circuit drawings, ......, the accompanying drawings should be marked with their components, structural features (such as holes, slots, electronic units, etc.) and other elements, so as to facilitate the reference of these labels in the text description for description.
Dimensions and tolerances do not need to be marked in the drawings, and the drawings should be provided in electronic format as far as possible.
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An improvement may be considered to be inventive if it is a creative improvement, with outstanding substantive features and significant progress, and the improvement scheme is not readily known by a person skilled in the art through prior art and reasonable inference.
If you want to protect your improvements, you can file a patent application with the Intellectual Property Office, and it is recommended to apply for invention and utility model on the same day. On the other hand, an invention application needs to be substantively examined by a substantive examiner, which takes some time.
The basic idea of China's patent system is to disclose for protection, if you have disclosed the improvement method through some channels, such as: publishing, applying to the production of products or through TV interviews, it is possible to "disclose yourself" which will lead to the rejection of the patent application for lack of novelty or inventiveness, and China adopts the first-to-apply system, in order to prevent your own creation from being applied for by others, it is recommended to submit the invention application documents as soon as possible.
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Mechanical transformation to see what kind of transformation! The following are the details of the patent:
Design Patent: A new design of a product that is aesthetically pleasing and suitable for industrial application in the shape, pattern, color or combination thereof. A new design can be a graphic design of lines, patterns, or colors, or it can be a three-dimensional shape of a product.
Utility model patent: refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product. The utility model application must be a product patent application.
Invention patent: refers to the new technical solution proposed for the product, process or its improvement. A patentable invention can be a product invention or a process invention.
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Generally, it is a utility model patent, and it can be communicated in detail if necessary.
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Utility model modifications can usually be applied for utility model patents, and if the modification can achieve special practicability and novelty, it may be possible to apply for invention patents. For details, you can send a private message and answer in detail.
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There are three types of patents stipulated in China's Patent Law: invention patents, utility model patents, and design patents.
An invention refers to a new technical solution proposed for a product, process or improvement thereof. It is further divided into product invention and method invention of technical solutions. Product inventions refer to all inventions in tangible form, that is, the use of objects to represent their inventions, such as machines, equipment, instruments, supplies, etc.
A process invention refers to an invention in which the technical solution provided by the inventor is aimed at a certain substance with a certain effect to make it produce a new technical effect. The invention of the method is to express its technical solution through the form of operation mode and process.
A utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. Utility model patents only protect products with a certain shape, and products and methods without a fixed shape and designs characterized by a simple flat pattern are not protected in this category. Due to the characteristics of utility model patents and applications without substantive examination, short examination and approval cycle, and low fees, the number of applications for this type of patent accounts for 2 3 of the total number of patent applications.
Design refers to the new design of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern, which is aesthetically pleasing and suitable for industrial application, that is, the style of the product. It also includes designs characterized by simple flat patterns.
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