How do I apply for a personal patent? What are the requirements to apply for a patent?

The first is to familiarize yourself with the patent law and the implementation rules, and have a detailed understanding of what a patent is, who has the right to apply for and obtain a patent, how to apply for a patent and obtain a patent as soon as possible. At the same time, it is also necessary to understand the rights and obligations of the patentee, and how to maintain and enforce the patent after obtaining the patent. The second is to conduct a patentability investigation on the project to be applied for a patent.

Before deciding whether or not to file a patent application, the applicant should at least search the patent documents. With a full understanding of the state of the art, there is no need to file an application if there is obviously no novelty or inventive step, so as not to cause a waste of time, energy and financial resources. The third is to analyze and investigate the market prospects and economic benefits of the projects to be applied for patents.

Fourth, understand the writing format and drafting requirements of patent documents, the submission method, fees and brief approval process of patent applications. The Patent Law stipulates that once a patent application has been filed, its amendments shall not exceed the scope of the original description and claims.

Legal analysis: the conditions for individuals to apply for patents are mainly for the invention and utility model granted by the patent right, which should have novelty, inventiveness and practicability, novelty, refers to the invention or utility model does not belong to the prior art, and no unit or individual has filed an application for the same invention or utility model before the application date, and recorded in the patent application documents or published patent documents published after the application date.

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.

The grant of a patent for invention or utility model shall be novel, inventive and practical. Novelty means that the same invention or utility model has not been publicly published in domestic and foreign publications, or has been publicly used at home and abroad, or has been demonstrated in the public in other ways, and is known to the public, and there is no same invention or utility model that has been applied for by others to the patent administration department and recorded in the patent application documents published after the filing date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art prior to the filing date, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured and used, and can produce positive effects. The grant of a design patent right shall be inconsistent with and not similar to the design that has been published in domestic or foreign publications or publicly used at home and abroad before the filing date, and shall not conflict with the prior legitimate rights and interests of others.

Patent Law of the People's Republic of China Article 24 The novelty of an invention-creation for which a patent application is made shall not be lost under any of the following circumstances within six months prior to the filing date:

1) When a state of emergency or extraordinary circumstances arises in the country, it is disclosed for the first time for the purpose of public interest;

2) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

3) Published for the first time at a prescribed academic conference or technical conference;

4) Others leak their content without the applicant's consent.

What is the patent application process and fees?

Submit the application and wait for it to be accepted by the Patent Office. To apply for a patent, the applicant shall first submit a patent application to the State Intellectual Property Office, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations. After the applicant submits the patent application, the patent office determines the patent application date, assigns the application number, and issues a notice of acceptance.

Preliminary examination. After the patent office accepts the application, it conducts a preliminary examination of the patent application. After passing the preliminary examination, it will be published within 18 months from the filing date.

The standard official fee for applying for an invention patent is 3450, including the filing fee of 950 yuan and the substantive examination fee of 2500, which can be reduced to 1070 if the company fee reduction conditions are met, and 560 if the individual fee reduction conditions are met. There is also an annual fee of 255 and the year in which the authorization is granted.

The conditions for an individual to apply for a patent are:

1. The subject is qualified. That is, the applicant is the patentee or the person authorized by it;

2. Complete materials;

3. The time is right. That is, it is necessary to apply to the Patent Office for substantive examination within the prescribed time limit;

4. The object is eligible. That is, the patent should be novel, inventive and practical.

What materials do you need to prepare for patent granting?

1. The request, description and its abstract, claims and other documents shall be submitted;

2. The request shall indicate the name of the invention or utility model, the name of the inventor, the name and address of the applicant, etc.;

3. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the invention or utility model by those skilled in the technical art; When necessary, there should be drawings, etc.

Legal basisArticle 30 of the Patent Law of the People's Republic of China.

If the applicant claims the priority of the patent for invention or utility model, he or she shall submit a written statement at the time of application and submit a copy of the documents of the first patent application within 16 months from the date of the first application. If the applicant claims the priority of the design patent, he shall submit a written declaration at the time of application and submit a copy of the patent application documents filed for the first time within three months. If the applicant fails to submit a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.

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.