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1. Utility model patent application process.
1. Utility model patent application stage.
The application materials for a utility model patent shall include: the application for the utility model patent, the description, the drawings attached to the description, the claims, the abstract and the drawings attached to the abstract. The utility model patent application must have drawings to the description; If a patent ** institution is entrusted, a power of attorney shall be submitted; If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.
2. Examination stage of utility model patent.
China implements a preliminary examination system for utility model patent applications, and during the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents. The applicant made amendments to the notice. At the same time, the examiner will examine whether it is a customer protected by a utility model patent, and if there is a customer that is not protected by a utility model patent, the examiner will issue a notice of reasons for reasons for action, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents.
3. Utility model patent authorization stage.
1) Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures:
Pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice and the stamp duty on the patent certificate within the prescribed time limit.
2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2 to 3 months.
2. Conditions for granting a utility model patent.
1. Novelty: It means that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the application date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the application date.
2. Inventive step: refers to the substantial characteristics and progress of the utility model compared with the existing technology before the filing date.
3. Practicability: refers to the utility model that can be manufactured or used, and can produce positive effects.
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Do you want to apply for Wanniu.com.
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Utility model BAI
After the patent is authorized and published, you can query all the details, including the patent certificate, inventor, specification and other details, in the "Patent Inspection and Inquiry Answer" column on the official website of the State Intellectual Property Office.
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It is mainly to search for similar patents on the patent search and re-analysis on the Nianyan station of Huwang, and the specific steps are as follows:
1. Open Soopat**.
2. The State Intellectual Property Office can also be used for search.
Other patent searches** are available.
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Patent application is a very rigorous work, the application fee is not high, the current domestic utility model is 600 application fee, 200 registration fee, 5 yuan stamp duty and annual fee. That's all there is to it. However, when it comes to writing, reporting, correcting, replying and process management, it is a relatively systematic work.
Criteria for reducing the fee for patent application: If the applicant or patentee is an individual, he or she may request a reduction of 85% of the application fee, the examination fee and the annual fee for the application for invention patent, and 80% of the maintenance fee and reexamination fee for the application for invention patent. If the applicant or patentee is a unit, two or more individuals or individuals jointly apply for a patent with an entity, they may request a reduction of 70% of the application fee, the examination fee and the annual fee for the application for invention patent, and 60% of the maintenance fee and reexamination fee for the application for invention patent.
Where two or more units jointly apply for a patent, the patent fee shall not be reduced.
The application fee reduction is not 100% and the request for patent fee reduction will not be granted in any of the following cases:
1) Failure to use the request for fee reduction drawn up by the Patent Office;
2) All applicants or patentees fail to sign or affix their seals to the request for fee reduction;
3) The unit or individual that submitted the request for fee reduction did not provide proof of compliance with the provisions of Article 7 of these Measures;
4) The applicant's or patentee's personal annual income exceeds RMB 25,000;
5) The annual personal income of all applicants or patentees is not indicated in the request for fee reduction;
6) The applicant or patentee is two or more units;
7) The name of the applicant or patentee or the name of the invention-creation in the request for fee reduction is inconsistent with the corresponding content in the patent application.
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The legal documents submitted when applying for a patent must be in written form and filled in in accordance with the prescribed uniform format. To apply for different types of patents, you need to prepare different documents.
1) If an application is made for an invention patent, the application documents shall include: a request for a patent for invention, a description (if necessary, a description with drawings), a claim, an abstract and its drawings (which must be provided when there are drawings to the description).
3) Where a design is applied for, the application documents shall include: a design patent application, ** or **, one copy of each. If the color protection is requested, one copy of color and one copy of black and white shall also be submitted.
If a description is required for ** or **, a brief description of the design shall be submitted in duplicate.
4) If the company applies for a patent, the application documents shall include: a copy of the business license of the enterprise legal person and the ** certificate of the organization (with the official seal), one copy of each, and the inventor's ID number, one copy. Application address, zip code, ** and other means of communication.
5) If an individual applies for a patent, the application documents shall include: a copy of the ID card of the applicant and the inventor, one copy of each, and the application address, zip code, ** and other communication methods shall also be submitted.
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You can see it by searching for ** yourself.
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Invention patent certificate.
The first page of the invention patent certificate records the following contents: the name of the invention, the name of the inventor, the patent number, the date of application for the patent, the name of the patentee (i.e., the name or title of the applicant), the date of the announcement of authorization, the signature of the then director of the State Intellectual Property Office, the seal of the State Intellectual Property Office, etc. The patent certificate also includes the text of the patent grant.
According to the Patent Law, the examination and approval process for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant.
The process of granting an invention patent is relatively long, usually starting from the submission of the application, at most one or two years, at least half a year, before it can be authorized and obtain the invention patent certificate.
The term of an invention patent right is 20 years from the filing date.
Utility model patent certificate.
The first page of the utility model patent certificate records the following contents: the name of the utility model, the name of the inventor, the patent number, the date of application for the patent, the name or title of the patentee (i.e., the name or title of the applicant), the date of the announcement of the authorization, the signature of the then director of the State Intellectual Property Office, the seal of the State Intellectual Property Office, etc. The patent certificate also includes the text of the patent grant.
According to the Patent Law, there are no publication and substantive examination in the examination and approval of a utility model application, and there are only three stages: acceptance, preliminary examination and authorization.
The term of a utility model patent is 10 years from the filing date.
Design patent certificate.
The first page of the design patent certificate records the following contents: design name, designer's name, patent number, patent application date, patentee's name (i.e., applicant's name or title), authorization announcement date, signature of the then director of the State Intellectual Property Office, seal of the State Intellectual Property Office, etc. The patent certificate also includes the text of the patent grant.
According to the Patent Law, there are no publication and substantive examination in the examination and approval of a design patent application, and there are only three stages: acceptance, preliminary examination and authorization.
The term of a design patent right is 10 years from the filing date.
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You can log in to the State Intellectual Property Office** for inquiry, or you can find ** company to help you query.
8-14 months, latest official time.
If you apply to **organization**, the fee will be paid after signing the contract, and if you apply by yourself, you will have to pay the official fee when you submit the application documents, so there is no fee to pay when you get the acceptance notice. >>>More
If a technical solution meets the application conditions for both invention patents and utility model patents, in order to obtain invention patents as much as possible and to retain a guaranteed utility model patent, one technology can apply for two patents at the same time. If the invention patent passes the substantive examination, the State Intellectual Property Office will issue a notice requiring the applicant to give up the utility model patent that has been obtained, and then grant the patent right of the invention patent; Inventions and utility models can be applied for at the same time, however, only one valid patent can exist at the same time. If the invention patent is finally granted, the utility model is a transition, but the invention patent is very risky, and what if it is not authorized.
Whether a utility model patent can be made into a product during the trial period should be analyzed according to the specific situation. >>>More
The scope of protection of a patent for invention or utility model shall be subject to the content of its claims. >>>More