Patent application Q A, questions about applying for a patent

Judging from the fact that you mentioned in the office action notice, "this proposal can be thought of by people in the industry", you should respond to the inventiveness of the application.

On a preliminary analysis, the first of the three comments you listed is definitely not possible. This is because in the first reply you are dealing with the novelty of the patent application, not the inventive step.

The response to inventiveness should be two-fold:

1. Outstanding substantive features.

2. Significant progress.

Your third reason could be answered for "significant progress" in the inventive step judgment, but what is missing is the "salient substantive character" aspect.

The above is only a preliminary judgment, and if you want to make a specific judgment, you need to check the patent application documents and the office action notice.

1. What you said about "this scheme can be thought of in the industry" should mean that your claim is "obvious" and easy to think of for those skilled in the art, and it is not creative. Therefore, what you want to convince the examiner is why the claims in this case are not obvious to those skilled in the art.

2. What you said about checking for novelty in the Intelligence Bureau, this has nothing to do with applying for a patent.

3. "Similar products and imitation products that have not been seen after the publication of the patent in 08": a. If you haven't seen it, it doesn't mean that there is none; b. Even if it is as you say, it can at most prove that your application is novel. However, the fact that the examiner is now saying that your application is not an inventive step does not deny that your application is not novel.

4. Whether your example of "bamboo weaving a bowl" can be patented, or go back to point 1, that is, whether you can convince the examiner that the use of bamboo to weave bowls is not obvious to those skilled in the art, and if there are enough reasons to convince, then it can be authorized, otherwise it is enough to choke.

First of all, under the premise of your assumption, you think of using a soap box to fill the soap, which solves the technical problem, and then you can apply for a patent.

Secondly, even if there is a soap dish now, you can still design a soap dish and apply for a patent, but the soap box must meet the conditions for applying for a patent, then it depends on the purpose for which you designed the soap box, there is a new soap dish designed for aesthetics, that is to apply for a design patent, if it is for more convenient use or solves some inconvenient problems in the process of daily use, it is also possible to apply for a utility model patent.

If you have other questions you want to consult, you can add me, Little Penguin 32 Penguin 8052 Penguin 519.

The soap dish is a specific product, and inventive step can be protected by a patent.

You first have to go to the industrial and commercial bureau to register your trademark.

1. Do I need to be in kind to apply for a patent?

2. What are the main steps to apply for a patent?

1) Write patent application materials, including patent applications, abstract abstracts, abstract drawings, claims, specifications, drawings and other documents, the above documents are indispensable, the writing requirements of the documents are very strict, ordinary people can not complete independently, need to find the first institutions or professionals to assist.

2) Send the patent application materials to the Patent Office of the State Intellectual Property Office and wait for the notice of acceptance.

3) Pay the patent application fee in time after receiving the acceptance notice, and pay the examination fee for the invention patent, and wait for the patent grant notice after paying the fee.

4) After receiving the patent grant notice, pay the certificate fee and the annual fee of the first year in time, and wait for the patent certificate.

Obtaining the patent certificate means that the patent application is successful.

3. I don't know what type of patent I should apply for for for my invention?

There are three types of patents: invention patents, utility model patents, and design patents.

Invention patents: Inventions used for new products, new processes, and new technologies are subject to strict examination and require 2-3 years to be authorized, and the protection period of the patent is 20 years.

Utility model patents: mainly used for inventions of product improvement, the examination is more relaxed, the format of the main examination documents takes 6-12 months to be granted, and the protection period is 10 years.

Design patent: It is mainly used for inventions to improve the shape of the product, protect the shape of the product, and the examination is more relaxed, requiring 6-12 months to be granted, and the protection period is 10 years.

4. Can a technology apply for an invention patent and a utility model patent at the same time? What are the benefits?

Invention and utility model patents often do not have strict boundaries, except for products without fixed forms (such as drug formulations), methods, and technologies that can only apply for invention patents, most products can apply for invention patents and utility model patents at the same time.

The advantages of filing a patent for both invention and utility model are:

1) Authorization is faster. Because the utility model can be authorized in about one year, the technology can be legally protected after authorization and can be quickly transformed.

First of all, if it is a design patent, the appearance is different, and it is basically not likely to infringe, and the example you gave is not good.

1. A mineral water bottle, including a bottle body and a bottle cap, which is characterized by a straw and a bottle cap made into an integrated structure on the bottle cap.

As long as the other party's product includes all the features in your claim, it will be infringed, as long as the mineral water bottle with the structure of "including the bottle body and the bottle cap, and the bottle cap is provided with a straw and the bottle cap to form an integrated structure", no matter what shape the bottle body is, what material or other additional features are there, it will be infringed, and utility model protection is this structure.

You can judge for yourself whether the other party's product contains all the technical features in your claim 1, or some of the features are different but are equivalent technical features "such as changes in bolts and screws", and once there are more than one technical feature that is neither the same nor the same, it will not infringe.

Your product mainly proposes new improvements to the structure, and the scope of protection of the utility model patent right is subject to the content of the claims of the original application, and the description and drawings can be used to explain the content of the claims. If your patent claims to protect a technical solution for drinking water through a straw, once someone else's product contains the use of this technology, it constitutes patent infringement; Exploitation of patents and infringement of patent rights without the permission of the patentee. In a patent infringement dispute, the alleged infringer has evidence to prove that the technology it implements is prior art and does not constitute patent infringement.

2. Subordinate rights are within the scope of independent rights, which is a further limitation of independent rights. As long as someone else's product falls within the scope of protection of independent rights, regardless of whether it involves subordinate rights, it is an infringement.

3. The superordinate concept is generally an overarching expression, such as the superordinate concept of iron is metal. Generally speaking, the epistatic concept should not be too narrow but not too wide, such as a certain compound, its epistatic concept is phenols, but it is too wide to write organic matter directly.

4, parts that are not important or unrelated to the present invention are not placed in the claims.

It is very troublesome to handle patents by yourself, there should be patents in the local area, and even the local intellectual property department has someone to help people apply for patents, and they rely on this to make money. For other questions, please refer to some relevant content of patent law.

If you don't have to handle it yourself, there are several patents, appearance, utility, and invention, and I will give you an answer if you don't know the specifics.

There are many things to pay attention to in the drafting of patent documents, and it is best for you to buy a book on patentees to study.

On the ID card. It's a must.

1. What is the specific process?

Submit to the State Intellectual Property Office:

1. Invention: invention patent request, description, drawings (optional), claims, abstract, abstract drawings (optional), request for fee reduction (optional), advance publication (optional), substantive examination request, examination qualified authorization;

3. Appearance - appearance patent application, **or ** (preferably 6 views + stereogram), brief description, fee reduction request (optional), examination and qualified authorization;

If you are not familiar with the application process, you can entrust ** agency to complete it.

2. How much does it cost?

The fees are as follows (RMB).

Invention patent application fee 900 135 (85% reduction for individuals).

The printing fee of 50 for invention patents will not be reduced.

The examination fee for invention patent application is 2500 375 (85% reduction for individuals).

Invention patent authorization certificate and other fees 255 will not be reduced.

Invention patent annuity fee 1 3 years 900 135 (85% reduction for individuals).

Other years omitted.

Utility and design patent application fee 500 75 (85% reduction for individuals).

Fees for utility and design grant certificates205 will not be reduced.

Utility and design patent annuity fee 1 3 years 600 90 (85% reduction for individuals).

Other years omitted.

1. If you apply to pay the above fees by yourself.

2. If you entrust ** agency to apply for the payment of the above fees + ** fees (** fees vary greatly from place to place, at least 3000 or more).

3. How long does it take from the time I report to the time my application is successful?

1. In the case of no correction, the appearance and practicality of 4 6 months authorization notice, after about 3 months to get the certificate authorization announcement;

2. Invention 2 6 years.

4. During the period between my patent application and the successful application, will others apply for it?

As long as the conditions for acceptance are met, others can apply for a patent at any time and be accepted, but if you apply for the same invention first, others will apply later, even if the later application is authorized, but it can be invalidated.

The preliminary judgment is that you should be an invention patent, the time needs 2 to 3 years, the cost needs about 10,000 yuan, the patent implementation application is first, you apply, others will not succeed.

It is recommended that you do a patent search to see if there is a prior right, if you already have, you do not need to apply, we can do a free search for you, of course, you can also go to the patent office to search by yourself, next to Jimen Bridge.

Beijing Nulekang Intellectual Property Law Firm.

62277440 Dan Zhang.

If this is to be analyzed in detail, it depends on the relationship between the ABC of the claim.

If from the perspective of sole right and subordinate right, A is the sole right and BC is the subordinate right, then there are multiple technical solutions, but they are all on the basis of A, so if others only involve BC, it may have no impact on you;

If they are all exclusive rights, if the patent applied by someone else involves BC, it should be rejected by the other party.

In short, if there is an exclusive right and a subordinate right, each claim is not independent, but is combined with each other to form a technical solution, so if it is not a duplicate of the sole right, it may not have much impact on the patent grant of the other party.

China's patent right is based on the principle of first-to-file.

The notice from the patent office tells you that A has been registered because someone else applied earlier than you, so you need to amend A to be different from someone else's earlier application or delete A.

In the same way, if you apply for B and C first, then the technical solutions in B and C that you apply for will naturally affect the novelty of B or C that others apply for later, and others will not be authorized.

If someone else wants to register a patent for B or C in 2013, the application will be rejected.

In the latter, the duration of protection is determined from the date of your patent application.