What are the steps to apply for a patent? I have developed a power generation device, how do I apply

Hello, what type of patent are you applying for, appearance, utility model, or invention patent, if it is a new invention, all three patents can be applied.

1 Definition of Invention Patent:

An invention refers to a new technical solution proposed for a product, process or improvement thereof. If the method invention or product has no fixed shape, only a patent for invention can be applied, but not a utility model patent.

2 Conditions for granting an invention patent:

1. Novelty: It means that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the application date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the application date.

2. Inventive step: refers to the substantial characteristics and progress of the utility model compared with the existing technology before the filing date.

3. Practicability: refers to the utility model that can be manufactured or used, and can produce positive effects.

3 Documents to be submitted for application:

1. The name of the invention patent;

2. The technical field and background technology to which the invention patent belongs;

3, accomplishing the purpose of the present invention;

4. a technical scheme to achieve the purpose of the present invention;

5. Drawings (inventions in the field of machinery must require drawings): the structure of the product can be clearly seen, and the connection relationship of each component can be distinguished, but the exploded drawing, section drawing, etc.;

6. a specific embodiment (a specific embodiment of the present invention is completed);

7, the best effect that the present invention can achieve;

8. If the applicant is a unit, the unit needs to be stamped; If the applicant is an individual, an individual's signature is required;

9. If the applicant is a unit, a copy of the business license is required; If the applicant is an individual, a copy of the personal ID card must be provided;

10. Provide clear materials such as the applicant's name, detailed address, **, zip code, and designer's name.

4 Precautions for applying for invention patents:

1. Before applying for a patent, it is best for the applicant to conduct a patent literature search to find out whether there is a patent application for the same technology as his own invention technology. The search can be carried out by the ** person guide;

2. If the invention patent has a long protection period, but the requirements are higher than that of the utility model, the examination period is longer, and the cost is higher.

3. Within three years from the filing date of the invention patent, the applicant shall request substantive examination and pay the substantive examination fee;

4. The technical solution is aimed at the defects and deficiencies existing in the prior art, objectively and groundedly reflects the technical problems to be solved by the invention, and further explains its effects, clearly and completely describes the technical characteristics of the technical solutions adopted by the invention to solve its technical problems, and at the same time explains the beneficial effects;

5. If there are drawings, the names of each drawings shall be indicated, and a brief description of the contents of the drawings shall be given. In the case of a large number of parts, it is allowed to use the list of names of specific parts in the drawings to be described in the form of a list;

If you still have any questions, you can feel free to ask me and answer your questions wholeheartedly.

It is recommended to go to Gaohang Intellectual Property Consulting, I have entrusted them to apply for patents before.

It is recommended that you entrust a patent ** agency to help you apply.

You first find a formal and professional patent ** agency (such as: patent cloud, patent Baba) to consult. Then sign a commission agreement with them, give them your technical documentation, and they will do the rest of the process for you.

Documents to be prepared for invention patent application:

Signed a patent application entrustment agreement.

Technical disclosure, including technical field, background, invention content, specific embodiment and other drawings description.

A copy of the applicant's (unit's) business license, stamped with the unit's red official seal, and a copy of the applicant's (natural person's) ID card.

Steps: Prepare the application materials, invention or utility model patent application, claims, description, drawings of the specification, abstract drawings, abstract drawings, request for fee reduction and other documents, submit the application to the Intellectual Property Office, and pay the application fee. The Intellectual Property Office conducts an examination, and if it is not approved, it will be rejected.

Then you can file a complaint and amend it. Then review it again. You can also go to the third-party platform of Keyi.com to see if there is a suitable intellectual property ** company, you can consult.

It is sufficient to provide a technical disclosure letter to the patentee. The key is to pay the fee.

The procedure for applying for a national invention patent is as follows: the person concerned provides the patent application materials prescribed by law, and after the patent administration department receives the application for invention patent, it shall publish it within 18 months if it meets the requirements. If the application for a patent for invention has passed the substantive examination within three years from the date of application, a certificate of invention patent shall be issued, and it shall be registered and announced at the same time.

[Legal basis].

Article 26 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.

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 in the first state, the patent administration department shall make a decision to grant the invention patent, 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 basic procedure for applying for an invention patent is very complicated, and the procedure is stipulated in the Patent Law of the People's Republic of China.

1) In the acceptance stage, the patent office will examine the patent application after receiving it, and if the acceptance conditions are met, the patent office will determine the filing date, give the application number, and after verifying the list of documents, issue a notice of acceptance and notify the applicant.

2) If the patent application is accepted in the preliminary examination stage and the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention shall first be examined for confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedure.

3) In the publication stage, the invention patent application enters the publication stage from the issuance of the notice of preliminary examination, and if the applicant does not submit a request for early disclosure, it will not enter the disclosure preparation procedure until 15 months have passed from the filing date. If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure.

4) After the publication of the invention patent application in the substantive examination stage, if the applicant has filed a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant has not filed a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application shall be deemed to have been withdrawn.

5) If the patent application at the grant stage is preliminarily examined and the invention patent application is not found to be rejected by the substantive examination, the examiner shall make a notice of authorization, and the application shall be prepared for registration of authorization, and after reviewing the legal effect and completeness of the authorized text, and proofreading and revising the bibliographic items of the patent application, the patent office shall issue a notice of grant and a notice of registration procedures, and the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within 2 months after receiving the notice. If the registration formalities are completed on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and publish it in the Patent Gazette two months later, stating that if the registration formalities are not completed in accordance with the regulations, it will be deemed to have waived the right to obtain the patent right.

6) The patent reexamination procedure in the reexamination stage is a remedy for the applicant when the patent application is rejected. In accordance with the provisions of Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Requests for reexamination include cases in which a patent reexamination is requested because of a decision to reject a patent application in the preliminary examination and substantive examination procedures.

Only the patent applicant has the right to initiate the patent reexamination procedure, and must file it with the Patent Reexamination Board of the State Intellectual Property Office within three months of receiving the notice of refusal.

7) Patent invalidationIn the patent application and patent application of enterprises, patent invalidation is one of the most used patent regulations by enterprises and units (should be second only to patent applications). Patent invalidation has become a necessary means and technique in patent litigation. The legal consequence of the invalidation of a patent right is that the invalidated patent right is deemed to have existed ab initio.

If a person is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right, he or she may file a lawsuit with the people's court within three months from the date of receipt of the notice containing the notice.

Invention patent process:

1. The applicant writes the application materials, and the requirements for the application materials and documents are relatively strict, and the general person completes it alone, and if there is a need, you can find the assistance of ** institutions or professionals;

2. Send the application materials to the State Intellectual Property Patent Office for preliminary acceptance and examination;

3. After receiving the notice, pay the patent application fee and examination fee;

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

Required materials: applicant's identity certificate, patent application, abstract and drawings of the description, claims, description and drawings, etc. After passing the acceptance, preliminary examination, publication, substantive examination and authorization, the patent certificate can be obtained.

Legal basis: Article 26 of the Patent Law of the People's Republic of China Where an application for an invention or utility model patent is made, the request, the description and its abstract and 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 applicant should state the reasons for the file.

Article 39 of the Patent Law of the People's Republic of China If an application for a patent for invention is found to be rejected after substantive examination, the patent administration department shall make a decision to grant the invention patent, 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.

1. Application for invention patent.

1. Examination and approval process of invention patent application: patent application, acceptance, preliminary examination, publication, substantive examination request, substantive examination, and authorization.

2. Documents to be submitted to apply for invention patent:

1) The request, including the name of the invention patent, the name of the inventor or designer, the name and title of the applicant, the address, etc.

2) The description, including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

3) Claims, which describe the technical features of the invention and clearly and concisely state the content of the claimed protection.

4) Drawings of the specification, invention patents often have drawings, if only words are enough to clearly and completely describe the technical solution, there can be no drawings.

2. Application for utility model patent.

1. Approval process for utility model patent application: patent application, acceptance, initial and celebration examination, announcement, and authorization.

2. Documents to be submitted to apply for a utility model patent.

1) The request, including the name of the utility model patent, the name of the inventor or designer, the name and title of the applicant, the address, etc.

2) The description, including the name of the utility model patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment. The content of the specification shall be written in detail, and the technical content described in the key slide shall be subject to the fact that the ordinary person skilled in the technical field can realize it after reading.

3) The claims, which describe the technical features of the utility model and clearly and concisely state the content of the claimed protection.

4) The drawings of the specification and the utility model patent must be accompanied by a drawing.

5) The abstract of the description, which clearly reflects the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.

3. Application for design patent.

1. The process of applying for a design patent: patent application, acceptance, preliminary examination, announcement, and authorization.

2. Documents to be submitted for appearance patents.

1) The request, including the name of the design patent, the name of the designer, the name, title, and address of the applicant.

2) Design **or**, at least two sets **or** (front view, back view, top view, bottom view, left view, right view, if necessary, or provide a three-dimensional view).

3) A brief description of the design, and if necessary, a brief description of the design should be submitted.