How to apply for a patent invention, how to apply for an invention patent

Preparation of application documents Application steps Approval process Handling agency Processing time limit Payment of fees.

1. The main body. 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;

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 also entrust the 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 are subject to preliminary examination and substantive examination, and utility models and designs are authorized and announced only after preliminary examination.

For a design patent, a request for a design, a design or ** is required. 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.

Applicants should make adequate preparations before applying.

The steps to apply for a patent invention are as follows:

2. The materials submitted can be submitted directly to the patent office hall or the local patent agency window or by mail;

3. The State Patent Office issues a notice of acceptance and officially enters the approval process;

4. To pay the application fee, in addition to paying the application fee directly to the Patent Office and the Patent Office Agency, you can also pay the application fee by remittance through the bank or post office;

5. The patent office shall conduct a formal examination of the invention patent application, and enter the substantive examination after passing the preliminary examination, and the patent may be authorized if the substantive examination considers that it meets the conditions for granting a patent, and if it is not qualified, it shall be revised and resubmitted, and the patent that meets the conditions for granting a patent shall be examined.

Legal basis] Patent Law of the People's Republic of China

Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim 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. Article 19 Where any unit or individual applies for a patent for an invention or utility model completed in China to a foreign country, it shall report to the patent administration department for confidentiality examination in advance.

The procedures and deadlines for confidentiality review shall be implemented in accordance with the provisions of ***.

A Chinese entity or individual may file an international patent application in accordance with the relevant international treaties to which the People's Republic of China is a party. Where an applicant files an international patent application, it shall comply with the provisions of the preceding paragraph.

The patent administration department shall handle international patent applications in accordance with the relevant international treaties to which the People's Republic of China is a party, this Law and the relevant provisions of the People's Republic of China.

A patent shall not be granted to a person who applies for a patent in a foreign country in violation of the provisions of the first paragraph of this Article and applies for a patent in China.

1. How to apply for an invention patent.

1. Application process for invention patent:

1) make an application;

2) Review and publish after acceptance;

3) Substantive examination at the request of the applicant;

3) After the substantive examination is passed, the invention patent certificate shall be authorized to be issued, and it shall be registered and announced at the same time.

2. Legal basis: Article 34 of the Patent Law of the People's Republic of China.

After receiving an application for a patent for invention and finding that it meets the requirements of this Law after preliminary examination, the patent administrative department shall publish it immediately after 18 months from the date of filing. The patent administration office may, at the request of the applicant, publish the application at an early stage.

2. What is the cost of changing the inventor of the patent?

The fee for the change of inventor, applicant and patentee is 200 yuan. The fee for the change of the entrustment relationship of the patent institution and the person is 50 yuan. Change the patentee and transfer the patent right to another person.

However, when transferring a patent, it is necessary to complete the procedures for changing the inventor of the patent, that is, the patent is changed through bibliographic matters. There are two types of changes in patent bibliographic matters, namely, before the issuance of the patent and after the issuance of the patent. This is determined by the process of patent examination and issuance, and there will be a registration and printing procedure after the patent is granted, and the certificate will be issued after the completion of the process.

For some enterprises that want to apply for projects, they still have to pay attention to the status of patent authorization.

1. Procedures for applying for invention patents.

1. The applicant provides the original technical data and personal (unit) information;

2. Entrust a patent institution to sign an agreement to entrust the jujube to be prudent and drafted a patent application document that meets the requirements of the patent law; If needed, you can search first.

3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee according to the regulations;

4. After entering the preliminary examination and passing the examination, the invention patent application will be disclosed in the patent gazette and ** after 18 months from the filing date; At the request of the applicant, early disclosure may also be requested at any time within 15 months from the filing date;

5. Entering the substantive examination (substantive examination) stage: the applicant can file a substantive examination with the patent office at any time within 3 years from the filing date, or can initiate a substantive examination after the publication of the patent application, and the substantive examination fee for the patent examination shall be paid according to the regulations;

6. After substantive examination, the patent conforms to the practicability, novelty and inventiveness of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee, and certificate production cost are paid according to the regulations, and the invention patent certificate is obtained; Authorized invention patents will be announced.

7. If the priority of an earlier invention patent application is claimed, the relevant information of the earlier application shall be provided.

2. The technical information required to apply for an invention patent.

2. Abstract of the description: a general description of the invention;

3. Description: describe the technical field to which the invention belongs; a description of the background art associated with the invention; state the purpose of the present invention; Detailing the technical scheme of stool punching of the present invention; Describe the effects and advantages of the technical solution; Relevant experiments and data demonstrating the effects and benefits. Specifically:

For inventions involving the mechanical field, a schematic diagram of the structure of the patent of the product shall be provided, explaining the structure, shape, Xiaofeng characteristics, the names and connection relationships of each component, and the working principle of the product.

For inventions involving the field of electricity, the names of each component and the electrical relationship between the components should be provided.

For inventions involving the field of chemistry, the name, preparation method, and process conditions of the specific chemical substance shall be provided.

For inventions involving chemical equipment systems, the connection between the various devices shall be provided.