How to apply for a patent by an individual? How to apply for a patent by an individual

You need to fill in the patent application form from the State Intellectual Property Office and fill it out as required, and then submit it to the State Intellectual Property Office and pay the corresponding fee, and then wait for the patent to be approved and receive the patent certificate.

Ways for individuals to apply for a patent:

1. If an applicant applies for a design patent, a written application shall be submitted, and a patent certificate shall be issued after a preliminary examination by the patent administration department for 18 months of Qingran Chan and a substantive examination for three years.

2. Where an application for a utility model or design patent is made, a written application shall be submitted, and a patent certificate may be issued after 18 months of preliminary examination by the patent administration department.

[Legal basis].

Article 27 of the Patent Law of the People's Republic of China.

Where an application for a design patent is made, a written request, a brief description of the design's reputation and other documents shall be submitted.

Article 34.

After receiving an application for a patent for invention and finding that it meets the requirements of this Law after preliminary examination, the patent administration department 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 40. If no reason for rejection is found in the preliminary examination of the patent application for utility model or design, the patent administration department shall make a decision to grant the patent right for utility model or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

Where an application is made for an invention or a utility model patent, the application document, the description and its abstract and claims shall be submitted; Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted.

Pursuant to Article 26 of the Patent Law.

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract and claims shall be submitted. The request shall clearly state the name of the invention or utility model, the name of the inventor, the name and address of the person applying for the slip chain, 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; When necessary, there should be a drawing.

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.

Article 39 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

Individuals apply for patents in this way:

Provide a letter of disclosure and dismantling;

submission of application documents; Brigade shirts.

The patent office conducts a formal examination, and after passing the preliminary examination, it enters the stage of preparation for publication;

The patent office publishes the invention application documents;

The Patent Office conducts a substantive examination of the invention patent documents that are fictitiously cleared;

The Patent Office issues a Notice of Grant;

Citizens apply for patents, mainly including: invention, utility model and design. The process of applying for a personal patent:

1. Citizens applying for invention or utility model patents need to submit application documents such as design specifications, patent applications, abstracts and claims.

2. Citizens applying for a design patent need to submit the design of the redesign, the application for the patent and the description of the design.

I can file an application with the Patent Office by myself, or I can entrust an intellectual property ** agency to file a patent application. The patent office will accept the application and examine it within a certain period of time, and the relevant staff will examine the invention patent that requires substantive examination. After the examination is passed, the patent office will issue a notice of grant, and the applicant will go through the registration procedures within two months, and after completing the relevant procedures, the patent office will issue a patent certificate.

Article 29 of the Patent Law of the People's Republic of China.

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.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority.

2. Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

4. Drawings of the specification: If the invention patent is sufficient to clearly and completely describe the technical solution with only words, there may be no drawings.

The process of applying for a patent is as follows:1. Submit an application to the national patent administration department;

2. Submit application materials in accordance with regulations;

3. Preliminary examination will be conducted after acceptance;

4. It will be announced immediately after the preliminary examination;

5. Conduct substantive examination according to the applicant's request;

6. After passing the substantive examination, the invention patent certificate shall be authorized to be issued, and it shall be registered and announced at the same time.

Individuals applying for patents need to do the following things:

1. Subject.

Ordinary individuals can apply for a patent in China by themselves or entrust a patent agency to handle it. If it is a special individual, it must be entrusted to the patent ** agency. Special individuals include:

Foreigners who do not have a habitual residence or business office in China;

Chinese who live or work abroad for a long time;

2. Subject Matter.

Inventions include inventions, utility models and designs. The type of application should be determined before the application, and the conditions and costs of different types of applications, the content of the rights to be protected, and the economic benefits brought by the grant of the patent right are all different. Applicants need to choose according to their own circumstances.

The term of protection, which is 20 years for inventions and 10 years for both utility models and designs, is calculated from the filing date.

3. Procedure Invention patents must go through preliminary examination and substantive examination, and utility models and designs only need to be authorized and announced after preliminary examination.

Legal basis: Article 22 of the Patent Law of the People's Republic of China for which a patent right is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application 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.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

How can an ordinary citizen apply for a patent?

Because the patent application process must follow the regulations of the State Intellectual Property Office. The specific steps are as follows:

1.It generally takes 20 days to a month to provide disclosure and entrust ** agency to write application documents (this step can be omitted if you do not entrust ** agency);

2.Submit the application documents, obtain a notice of acceptance from the Patent Office, and determine the filing date. On the same day, a preliminary disclosure statement can also be submitted to request substantive examination, which can speed up the examination process;

3.The patent office conducts a formal examination of the patent application documents, which takes about 2-3 months. After passing the preliminary examination, enter the preparation stage of the public examination;

4.It takes about 6-8 months for the patent office to publish the invention application documents;

5.It takes about one and a half to two years for the patent office to conduct a substantive examination of the invention patent documents. During this period, the examiner communicates with the applicant about the substantive content of the invention, i.e., novelty, inventiveness and utility (entrusts the ** institution to communicate with the ** institution to determine the appropriate scope of protection of the invention), and the back and forth communication can be repeated several times until the amendment is satisfactory to the examiner;

6.The Patent Office issues a notice of grant;

7.The applicant shall go through the formalities of obtaining the patent certificate;

8.I will get the patent certificate in about 2-3 months.