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First of all, as an intangible asset, patent has huge commercial value and is an important means to enhance the competitiveness of enterprises, and secondly, enterprises will apply for patents for scientific research results, which is the basis for enterprises to implement patent strategies. The quality and quantity of patents are generally the embodiment of an enterprise's innovation ability and core competitiveness, and a symbol of the identity and status of an enterprise in the industry. It is also a symbol of a country's scientific and technological strength.
Therefore, it is very important to apply for a patent. So how can the success rate of patent application be relatively high? How can the success rate of patent application be relatively high?
How can the success rate of patent application be relatively high? Does the fact that patent application is so important indicate that patent application is very difficult and not something that can be done overnight? In fact, the invention process from the invention patent to the successful examination is a difficult journey, and at that time it is very important to apply for a patent, which is related to whether your patent can become a patent under legal protection.
So how do you apply for a patent? The first step to apply for a patent is to identify your idea, whether your invention idea can actually be generated, then conduct a patent search to see if there are any patents with yours, and finally seize the time to apply for a patent in time. To apply for a patent, you need to see what type of patent your patent is, is it a utility model, invention patent or design patent?
Invention patents generally have a high gold content. The application process is roughly the process of application, acceptance, preliminary examination, substantive examination to authorization and issuance, and each process needs to follow up the progress to see if there is any deviation, so that the relevant information can be submitted in time and the work behind it can be done. To apply for a patent, the necessary application documents must be submitted to the State Intellectual Property Office in accordance with the regulations.
To apply for a patent for invention or utility model, a request, description, claims, abstract and necessary drawings and other documents shall be submitted. To apply for a design patent, documents such as a written request, a ** or ** of the design, and a brief description shall be submitted. The patent application documents can be written by the applicant himself or by the patentee.
How can the success rate of patent applications be relatively high? If you have more questions about patent applications, you can continue to pay attention to Bajie Intellectual Property, or contact us.
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Improving the success rate of patent applications is a multi-factor issue, and this article will explain how to improve the success rate of patent applications from the following aspects.
1.Patent type selection: Patents are divided into invention patents, utility model patents and design patents. When applying, you should clearly understand the differences between these three types and choose the appropriate type of patent according to your own invention and creation, so as to highlight its technical contribution and innovation.
2.Fully demonstrate the novelty, inventiveness and practicability of the invention-creation: When drafting a patent application, the specific content and technical characteristics of the invention-creation should be described in detail, its novelty, inventiveness and practicability should be fully explained, and the comparison with the prior art should be made to prove the superiority and non-obviousness of the invention-creation.
3.Precise definition of claims: Claims are the core content of patent protection, which determines the technical field and scope of protection of the invention.
Claims should be drafted in such a way that they are neither too narrow nor too broad. The wording should be clear and coherent, and comply with the requirements of the patent law and patent examination.
4.Structured description of the invention-creation: When drafting a patent application, the examiner should be able to quickly grasp the key points of the invention-creation from the application and clarify its technical contribution and innovation.
Therefore, it is particularly important that the patent application has a structured layout, clear diagrams and schematic diagrams.
5.Complete embodiments: The embodiments are a demonstration of the specific embodiment of the invention-creation, highlighting the advantages of the invention-creation and its superiority in all aspects. The embodiments should be specific and detailed, and fully reflect the wide applicability of the invention and creation.
6.Understand patent laws and regulations: There are many legal and regulatory restrictions on the patent application process. Certain conditions must be met in order to obtain a patent right. Understanding these requirements will help you avoid errors or omissions in your application materials and reduce the risk of rejection.
7.Communication involved in the examination process: Patent examination often takes a long time, and some problems may arise during the process. The applicant should actively participate in the examination process, fully communicate with the examiner, solve relevant problems in a timely manner, and improve the success rate.
Seeking a first-class institution with rich experience and industry resources will help improve the success rate and avoid unnecessary time costs and expense losses.
9.Pay attention to others' patent applications in the same field: Regularly pay attention to the patent layout related to your own invention and creation, so as to better determine the competitiveness and advantages and disadvantages of your own invention in patent application.
10.Confidentiality measures: Appropriate confidentiality measures should be taken before the patent application to avoid unnecessary leakage and disputes, which will affect the success rate of the patent application.
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Legal analysis: The applicant shall apply to the national patent authority for the acquisition of patent rights, and the certificate shall be issued with the approval of the national patent authority. When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc.
The State Intellectual Property Office has established a Patent Reexamination Board. If the patent applicant is not satisfied with the decision of the Patent Office to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After the review, the Patent Reexamination Board makes a decision and notifies the patent applicant.
If the patent applicant is not satisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.
Legal basis: Article 26 of the Patent Law of the People's Republic of China Where an application for a patent for invention or utility model is made, the request, the description and its abstract and the claims shall be submitted. 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. 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.
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Applying for a patent is not as difficult as you think, you have a new idea to solve a real problem, it is unique, and it can ultimately be achieved in a tangible way, you can apply for a patent.
There are three types of patents: invention, utility model and design, and the main differences are that the technical content of the idea is different, the length of protection is different, and the maintenance fee to be paid is different.
To apply for a patent, it is sufficient to submit the application documents and related fees to the Patent Office in accordance with the type and format of the documents prescribed by the Patent Office. The patent office will give you an application number to prove your application, and then, the format of your application documents will be reviewed, and various inconsistencies will be raised, which will be corrected by you, and after approval, the patent office will publish it.
A patent certificate can be granted to you after the publication of the utility model and design. The invention patent can only be granted to you after the substantive examination within 3 years.
Judging from the above procedures, it is easy to apply for utility model and design patents, as long as the application documents are submitted and the fee is paid. But if someone submits to the patent office that your idea is not unique and cannot be replicated before the date of filing, your patent may be revoked, and the upfront effort and money, and the hope of making a profit from the patent will be in vain. The invention patent will be reviewed before the grant, and the certificate can be issued only after passing the examination, so the invention patent application time is longer, but it is more secure.
There are prescribed requirements and skills for the drafting of patent application documents, and it is recommended to carefully study the patent law, implementation rules, and examination guidelines before writing them yourself, or directly entrust them to a qualified ** agency.
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Patents are mainly divided into invention patents, utility model patents, appearance patents of three kinds, the latter two patents are easier to apply, generally only need to go through the formal examination, and the invention patent is more troublesome, the general authorization rate is lower and the application cycle is longer, first of all, after eighteen months of disclosure, and then carry out substantive examination, the substantive examination is mainly to see whether the invention has novelty, inventiveness, practicability (referred to as three sex), the specific examination is to be searched by the examiner of the profession in the database to judge whether the invention has three sexes, mainly searching for patents, literature, etc. before the filing date.
The patent application has a specific standardized format, and the standardized format can help the authorization of the patent, so it is best for an individual to apply for a patent, and hand over the technical disclosure to the first person, and then write the patent by a special person and submit it to the Patent Office of the State Intellectual Property Office for examination.
Patent application questions, just look for Bajie intellectual property rights, solve your questions, provide you with professional services, and now you can also enjoy the special activities of the folding storm, the appearance of the patent application is as low as 874 yuan, and the benefits are in the end.
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It is still relatively easy to apply for a patent, as long as you go to the patent office to apply, submit relevant materials, and declare level by level.
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Hello, if you want to improve the approval rate of patent applications, you should pay attention to the following issues:
1. Ensure that the technology applied for the patent must meet the requirements of novelty, inventiveness, and practicability;
2. Improve the quality of application materials, that is, write the technical disclosure and claims well, whether a patent can pass has a lot to do with the writer, and the probability of passing the same patent by experienced senior writers is definitely greater.
3. Finally, try to find a qualified ** firm to help you apply, if the firm has a good reputation in the patent office, it must be advantageous.
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Before applying for a patent, it can be said that the quality of the description directly affects the scope of patent technical protection and the key factors of whether the patent application is approved. Drafting patents in strict accordance with the drafting requirements, detailed and comprehensive descriptions can improve the success rate of patent application.
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Legal analysis: A good patent application is a good one, and the conditions that the patent applicant must meet are:
1.Novelty, the patent applied for is unprecedented in the prior art, has never been publicly published and publicly used2Creative, the technology is superior to the existing technology, more advanced3Practicality, the invention can be put into practical use and create practical value.
Legal basis: Patent Law of the People's Republic of China Article 3 The patent administration department is responsible for managing the patent work nationwide, accepting and examining patent applications, and granting patent rights in accordance with the law. The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.
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