What is a product patent? How to apply for a product patent?

What is a product patent? How to apply for a product patent? When you have an original product, you can get legal protection by applying for a patent, and others can't copy and use it at will, so how to apply for a product patent.

The first method is to apply for a patent through a patent agency, which is faster, more accurate and more efficient; The second method is to apply for a patent online by yourself. How to apply for a product patentWhat is a product patent? How to apply for a product patent?

1. What is a product patent Logically speaking, a product patent should be a patent about the product, and here, the product is the central word. In fact, the understanding of product patents in laws and regulations is also this line of thinking. This is similar to the quality of the product, the weight of the product, and the shape of the product, all of which are centered on the product, and are all based on the characteristics that the product itself has and can embody.

From this point of view, the product patent in the patent law should also first reflect the legal characteristics of the product, that is, the product itself should be patentable and patentable. The product is patentable, and in the patent law, especially in the meaning of the invention, the technical solution composed of technical features that reflect the shape, structure, composition and other factors of the product meets the basic requirements of the patent law and has the possibility of being patented. 2. How to apply for a product patentTo apply for a patent, you must first determine the type of patent you want to apply for, whether it is an invention patent, a utility model patent, or a design patent.

Different types of applications provide different documents and specific processes. In general, invention patents are the most difficult to apply for, with high requirements, and the State Intellectual Property Office has a relatively strict grasp of the standards of novelty and inventiveness, and it takes a long time, taking several years. Next, I will tell you about the process of applying for a product patent.

1. The two parties sign a patent entrustment agreement; 2. The applicant submits the relevant patent technical documents to the ** institution; 3. The patentee writes the standard patent application documents for the above-mentioned technical documents; 4. After the application documents are written, they will be confirmed by the applicant; 5. Both parties shall apply for the patent application when they confirm that it is correct; 6. Issue the notice of acceptance of the patent application (including the patent application number) in about one week; 7. The appearance and utility patents are authorized in about 6 months (subject to the actual progress of the Patent Office); 8. The invention patent is authorized for about 1 year (subject to the actual progress of the patent office); 9. The patent certificate will be issued to the inventor about 2 months after the authorization registration procedures (subject to the actual progress of the Patent Office). Patent application is still more difficult than other intellectual property applications, so in the end, it is recommended that you find a reliable ** company. If you want to know more about the content of trademark registration and patent application, welcome to Zhizhuxia for consultation, professional answers to trademark registration process, ** fee and other related questions, to provide you with high-quality services.

The application process varies from patent to patent.

For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application" together with a brief description of the design, and submit the application documents to the State Patent Office. After submitting the application, you can get the Notice of Acceptance of the Patent in about a week. In about 3-5 months, the Patent Office will issue the Notice of Grant of Design Patent Right and the Notice of Registration Formalities.

After paying the patent registration fee and annual fee, the certificate will be issued in about two months. Application for utility model patent and invention patent: Both utility model patent and invention patent need to draft a patent specification and submit it to the National Patent Office together with the application for the patent.

Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination".

After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered. If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months.

The invention patent application process takes about three years.

A patented product refers to a utility product that is suitable for public use and has all the technical features recorded in the patent claims.

The manufacture of a patented product, in the case of invention and utility model patent rights, refers to the making or formation of a product with all the technical features recorded in the claims; In the case of a design patent, it refers to a product that makes or forms a design scheme expressed in the ** or ** of the design patent.

China Patented Product Platform

The China Patent Product Platform is the first platform in China that applies the model of "Internet + Foreign Trade + Patent" to certify, evaluate and promote the patented products of enterprises, and provide comprehensive intellectual property services.

The public service platform for the export of China's patented products, jointly built by the Changzhou Municipal Bureau of Commerce and Jiangsu Baiteng Technology, was officially released on June 28.

The platform has a global authoritative patent information database, and through the analysis and application of big data, it can effectively identify and certify the patented products and patents with independent intellectual property rights of enterprises; Through the comprehensive evaluation of the validity, legal value, market value, technological innovation and other aspects of the patent, the company's patented products will be displayed and promoted to the international market, and the competitive advantage of the products in the international market will be enhanced; Provide comprehensive protection services for intellectual property rights in foreign trade activities such as enterprise product exports and foreign exhibitions.

Patented products refer to the products produced, which have obtained the patent certificate issued by the State Intellectual Property Office and the patent rights have not expired. It belongs to the scope of patent law protection, and no one is allowed to produce and sell without authorization and permission. The rights include:

1) the right to mark; (2) the right to license; (3) the right to transfer; (4) the right to prohibit; (5) Parallel import rights.

Procedures for handling product patents: 1. If the product is invented, the procedures for handling the patent are application, acceptance, preliminary examination, substantive examination and authorization; 2. If the product is a design or utility model, the procedures for handling the patent are application, acceptance, preliminary examination and authorization.

[Legal basis].

Article 26 of the Patent Law provides that a person who applies for a patent for invention or utility model shall submit a written request, a description and its abstract and claims. Article 34 After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, the patent administration department shall publish it immediately after 18 months from the date of application. 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 date of filing of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; 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 an application for a patent for invention, the patent administration department shall make a decision to grant a patent for invention, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

What kind of products can be patented? What kind of products can be patented? There are three types of patents in China:

Inventions, Utility Models and Designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. Conditions for the grant of patents.

1. Inventions and utility models for which a patent 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.) 2. The design for which a patent is granted shall not be an existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date.

The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design. The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date. (The term "existing design" as used in this Law refers to a design that was known to the public at home and abroad before the filing date.)

No patent shall be granted for the following: (1) scientific discoveries; (2) rules and methods of intellectual activity; (3) Diagnosis and methods of the disease; (4) animal and plant varieties; (5) substances obtained by the method of nuclear transformation; (6) The design of the pattern, color or combination of the two of the two is mainly used for identification. A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

Do you understand this explanation?

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.