How to apply for a patent How to apply for a patent

In my opinion, it is still to entrust a management agency to help you apply, the process is very troublesome, and you may not be able to pass the application yourself, because the patent office has requirements for the format of the submission, font, paper, etc., and the entrustment of the agency will save you a lot of things, and after the application, if it is convenient, your annual fee can be paid by yourself, and you can save the first fee, which is better!

The cost of patent application is not the same, divided into invention, utility model, and practical appearance, depending on what you want to apply for, the general invention is the most expensive, not necessarily, you can give the relevant **company a **consultation, I personally think that Beijing Sanyou, and Beijing Kelon Huanyu ** company is still good! But Sanyou belongs to a large company, which may be a little more expensive!

You log in to Alibaba, **a**pass, and then find a group in the dialog bar (similar to QQ search), enter the keyword "patent application", and ensure that there are many ** institutions or other related institutions to find you.

It's quite troublesome, and there are a lot of regulations on the cost alone. The entrusting agency that does not understand the patent declares at least 3,000 yuan, plus tens of thousands of yuan for maintenance. And most of the current ** institutions are not very responsible, just declare it for you, and it doesn't matter if the protection is strong, but this is a key factor related to the value of patents.

But if you understand it, a few hundred dollars will do.

How to apply for a patent and improve the patent grant rate? According to the 2021 annual report of the State Intellectual Property Office, the patent authorization rate of China's trembling mu god is 10,000 authorized utility model patents in the same year, a year-on-year increase; 10,000 design patents were authorized, a year-on-year increase. According to the data of the previous two years, the authorization rate of invention patents is significantly lower than that of utility model patents and design patents, so what should we do to improve the authorization rate of invention patents?

Let's take a look at it Let's take a look at it If we want to improve the authorization rate of invention patent applications, we can start from the following aspects: 1. Technical disclosure A detailed and complete technical disclosure has a great role in promoting the successful authorization of patents. Professional patent ** converts the technical solution in the technical disclosure into a legal document, which avoids the delay in the application process due to the substandard disclosure 2. Communication The inventor should communicate the invention idea with the first person in advance, so that the first person can fully understand and excavate the technical solution and its logic presented in the technical disclosure document, so that the application documents can better present the technical solution and actual effect 3. Patent search It is very necessary to carry out a patent search before applying for a patent, and its role mainly includes:

1) Screening out the technical solutions that obviously do not have the prospect of licensing (2) Supplementing and circumventing the technical solutions with certain licensing prospects in accordance with the prior art, including but not limited to supplementing the control test and data, adjusting the scope, and strengthening the reasonable layout and expression of the distinguishing points (3) Helping the patenter to better carry out the reasonable layout of the claims and specifications 4. Writing There are many rules and requirements for the drafting of patent application documents, and it is difficult for non-professionals to write a very good patent application document. It is easy for the patent application to be rejected due to unclear drafting, so it is necessary to find a professional to carry out the drafting 5. Reply to OA The reply to the office action is the channel and right for the applicant and the examiner to communicate with the patent law, and this channel can be used well to persuade the examiner to recognize that the patent application meets the conditions for grant and thus grant the patent right, and its importance is obvious 6. Reasonable layout You can win by "reasonable layout of quantity and quality" to achieve the purpose of improving the grant rate of invention patent applications.

The patent system is a system for protecting the intellectual property rights of patents under the conditions of a market economy. An invention or creation cannot be automatically protected by a patent, and the patent office cannot grant a patent on its own initiative, but must be submitted by the person who has the right to file a patent application 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, a request and documents such as ** or ** of the design shall be submitted. The patent application documents can be written by the applicant himself or by another person. Since applying for a patent is a complicated legal matter, it is not easy for ordinary people to complete this task, and the applicant can entrust a person with patent qualifications to write the application documents and handle the relevant application affairs.

If the person who entrusts the patent ** Lu Nakong institution to apply for a patent and handle the application affairs, he shall submit a power of attorney at the same time, indicating the authority of the entrustment, and pay the ** service fee according to the relevant patent ** service fee standards. When submitting the patent application documents to the Patent Office for the blind, you can directly submit them to the Patent Office, or you can mail them to the Patent Office, or you can entrust **Agency** person to handle it. When applying for a patent and going through other formalities with the Patent Office, the relevant fees shall be paid in accordance with the patent fee items and standards.

All kinds of fees can be paid directly to the patent office, or they can be remitted through the post office or bank, and they can also be transferred through the ** agency. After receiving the patent application documents that meet the requirements, the patent office will issue a notice of acceptance to the applicant, indicating the filing date, application number and other matters of the patent.

Article 26 of the Patent Law of the People's Republic of China provides that a person who applies for a patent for invention or utility model shall submit a request, a description and its abstract and claims. 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.

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. The applicant submits a request for the design of the product for which the patent protection is claimed.

Individuals applying for patents (e.g., non-service inventors or representatives of enterprises) need to do the following work to apply for patents: 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 machine Zheng Qian: special individuals include:

Foreigners who do not have a habitual residence or business office in China; Chinese who have lived or worked abroad for a long time; Compatriots from Hong Kong, Macao and Taiwan. If a Chinese individual applies for a patent for an invention or creation completed in China to a foreign country, he or she should first apply for a patent with the patent administration department, and he should also entrust a patent agency to handle it, and cannot apply for it on his own. 2. Object:

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 preliminarily examined before they are authorized and announced.

Extended information: 1. The invention patent shall submit a request, description, abstract and claims, and if necessary, it shall be covered with drawings of the description; For utility model patents, a request, claims, description, drawings to the specification, abstract of the specification and drawings of the abstract shall be submitted; Design patents require the submission of a request, a design's ** or **. It takes about 8-12 months for utility model and design patents, and after the formal examination is passed, a notice of authorization will be issued, and the certificate will be obtained in about 2-3 months after the payment of the license fee.

The specific time depends on the speed of examination by the examiner, the degree of detail of the applicant's information and the availability of drawings. 2. Applicants should make adequate preparations before applying. Includes:

Learn more about the relevant laws and regulations and be familiar with the application process; Understand the existing level of the technical field, search for domestic and foreign patents, and conduct feasibility analysis of their own inventions and creations; Do a good job of confidentiality. 3. Cost reduction. Royalty reductions that are allowed include:

There are five items: application fee, maintenance fee for invention patent application, substantive examination fee for invention patent, reexamination fee, and annual patent fee for three years after grant. 4. When applying for a patent, the fees that the parties need to pay may be different, mainly because the fees for different types of patent applications are different. For more information, please refer to the above.

At the same time, in practice, not only natural persons can apply for patents, but also companies can be the subject of applications.

Direct application for a patent: The patent applicant submits the request, specification, claims and other documents, and fills in the application form. After receiving the application materials, the patent administration department shall conduct a preliminary examination for a period of 18 months, and publish the application requirements immediately.

If the substantive examination of the invention patent application is passed within three years from the filing date, the patent right certificate shall be issued.

[Legal basis].

Article 26(1) of the Patent Law, which came into force on June 1, 2021.

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.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it 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 35, paragraph 1.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; 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 the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

The following answers the question of "how to apply for a patent".

The process for an individual to apply for a patent is as follows:

1. Provide a letter of disclosure and entrust a ** agency to write application documents, which generally takes 20 days and one month; If it is not entrusted, this step can be omitted;

2. Submit the application documents, obtain the notice of acceptance from the patent office, determine the filing date, and submit the advance disclosure statement and request substantive examination on the day of submission of the documents, so as to speed up the examination process;

3. The patent office conducts a formal examination of the patent application documents for about 2-3 months, and enters the stage of preparation for disclosure after passing the preliminary examination;

4. The patent office publishes the invention application documents in about 6-8 months;

5. The patent office conducts a substantive examination of the invention patent documents for about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, i.e., novelty, creativity, and practicability;

6. The Patent Office issues a notice of authorization;

7. The applicant goes through the procedures for obtaining the patent certificate;

8. Get the patent certificate in about 2-3 months.

Patent Law of the People's Republic of China

Article 6 An invention-creation completed in the performance of the tasks of the unit or mainly by making use of the material and technical conditions of the unit shall be a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the unit is the patentee.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; After the application is approved, the inventor or designer is the patentee.

Where the unit has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right for an invention-creation completed by using the material and technical conditions of the unit, such agreement shall prevail.

Article 7 No unit or individual may suppress an inventor's or designer's application for a patent for a non-service invention-creation.

Article 8 Unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more units or individuals, or an invention-creation completed by a unit or individual entrusted by another unit or individual, belongs to the unit or individual that completed or jointly completed the invention-creation; After the application is approved, the applicant is the patentee.

Article 9 Only one patent may be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.