What is a patent? How to apply? What do I need to pay attention to when applying for a patent?

What is a patent? How to apply? What do I need to pay attention to when applying for a patent?

There are three meanings of patents, the first is that a patent is a patent right for an invention-creation. Protected by China's patent right, a patent is an exclusive right to be the owner of the right to refer to other, temporal and territorial. <>

A patent is an invention and creation protected by the first patent law, a patented technology, and a proprietary technology legally protected by the patent law protected by the state. The main thing is that you are an invention that is protected by law. He has provided a lot of convenience to our country.

The right to patent the invention for a fixed period of time and content in the country is determined by paying a free fee to maintain the status of such a country. <

What it takes to apply for a patent.

Generally speaking, there are two ways to apply for a patent, the first is to apply for an individual, and the second is to find an institution to apply. If you have never been exposed to a patent application and want to apply for a patent, the first one is more troublesome, and you need to use your own brain. You need to fill in the relevant information and pay the fee online, and the patent is also divided into practical type and invention type, and there are many related materials.

Overall, the first one is very troublesome. Let's talk about the process of individual application, the first step is to apply for a patent on an individual basis, and we need to have an electronic application. After searching the website of the State Intellectual Property Office to find the official mark of the webpage to register an electronic account, we should also first browse the documents of the online payment module and the CPC client offline, as well as the online payment template file.

And we should turn patents into patent documents into specifications, abstracts, abstract drawings, and patent claims specifications.

Finally, on the subject of the scope of protection. If you feel that your patent is really commercially valuable, it is a good technology, such as reducing production costs, improving various rates, making the production process simpler, and so on, which is more practical value, it is recommended to find a professional to write it for you. <>

If you have not written a patent yourself and do not know about drafting, it is very likely that the scope of protection of the writing is too small, and the value of the patent will be lost. Note: One of the main functions of patents is to monopolize and prevent others from directly copying your results and selling them for money.

The scope of protection is small, and if someone else imitates your product, it is likely that it will not fall within the scope of your protection if it is only slightly changed, and you will not be able to sue him for infringement.

What is a patent?

A patent is a document issued by the competent authority according to the application that records the content of the invention and creation, and within a certain period of time, the patented invention and creation can only be exploited by others with the permission of the patentee. In China, patents are divided into three types: invention, utility model and design.

What do I need to pay attention to when applying for a patent?

Invention patents. An invention patent refers to a new technical solution proposed for a product, process or its improvement, which mainly reflects novelty, inventiveness and practicability. Patented inventions are further divided into two categories: product inventions (e.g., machines, instruments, appliances) and process inventions (manufacturing methods).

Validity: 20 years from the filing date.

Utility model patents.

Utility model refers to the shape, structure or combination of the product proposed to be suitable for practical new technical solutions, the grant of utility model patent does not need to go through substantive examination, the procedure is relatively simple, the cost is low, therefore, the small invention of tangible products such as daily necessities, machinery, electrical appliances, etc., is more suitable for applying for a utility model patent.

Validity: 10 years from the filing date.

Design patents.

A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of a product. The object of protection of a design patent is the decorative or artistic appearance design of the product, which can be a flat pattern or a three-dimensional model, or a combination of the two, and the main condition for granting a design patent is novelty.

Validity: 10 years from the filing date (the new law is extended to 15 years and will be implemented from June 1, 2021).

A patent is a document issued by a ** or regional organization that records the name and owner of a patent. The process of applying for a patent is: submission of application, acceptance by the competent authority, preliminary examination, substantive examination, publication and authorization.

When applying for a patent, it is necessary to pay attention to the originality, practicality and novelty of the subject of the application.

A patent is a patent that enjoys the right to one's own invention within a certain period of time after being reviewed and approved by the relevant departments. When applying for a patent, you must first prepare the relevant materials, file some applications with the patent office, and conduct examination. The patent office will issue a notice of application, make a substantive examination, and after the examination is passed, it will register you and grant you the right to a patent.

When applying for a patent, you must pay attention to what type of patent you are applying for, if it is a patent about an invention, the procedure is more complicated.

A patent means that if you invent and create something, you can apply for a patent, so that your invention will be protected. If you want to apply, you can go to the patent application department to apply, and when applying, you need to pay attention to whether there is a relevant invention in advance, and you must also prepare the corresponding information, and find a more reliable ** institution, so that you can apply for a patent more smoothly.

A patent is a patent for an invention. The way to apply for a patent is to provide the corresponding identification and procedures, and then go to the local authorities to apply, and you also need to submit the corresponding application. When applying for a patent, you must think from the economic perspective of the market, and you must consider it carefully, and you also need to meet the corresponding standards to be able to apply for a patent.

A patent is a document issued by a ** or regional organization that details the name and attribution of a patent. Patent applications need to go through several stages of acceptance, preliminary examination, substantive examination, announcement and authorization, and attention should be paid to originality, practicality and novelty when applying for patents. There shall be no plagiarism and imitation, no illegality, no violation of social morality, no obstruction of public interest, and no conflict with others or existing patents.

A patent is a document issued by the competent authority according to the application that records the content of the invention and creation, and within a certain period of time, the patented invention can only be implemented by others with the permission of the patentee. In China, patents are divided into three types: invention, utility model and design. Among them, the term of protection for invention patents is 20 years, and the term of protection for the other two patents is 10 years (from June 1, 2021, the term of protection for appearance patents has been increased to 15 years).

There are two ways to apply for a patent:

One is for the applicant to apply directly to the patent office.

Advantages: There is no need for ** fee, only need to briefly pay a fixed official fee and an annual official fee; You need to know the relevant knowledge of the application: for example, when to submit the application fee, when to respond to the office action, how to respond to the office action, etc.;

2.Passed the patent ** agency.

Advantages: Provide the technical disclosure letter to the organization, the organization is professional, through multiple communications, the person can write the technical disclosure letter into the format required by the CNIPA; Professionally control the deadline and cost, and reply to relevant review opinions in a timely manner. The authorization rate is relatively high.

Disadvantages: There is a ** fee that needs to be charged, and a certain fee is required.

How to choose still needs to be based on the actual situation of the individual, and I personally feel that if you have received professional training in writing, you can write the case by yourself; If you have not received professional training, you still entrust ** institutions, professional people to do professional things.

Matters to be noted: First of all, China's patents are divided into three categories.

1.Invention: a new technical solution proposed for a product, a process or an improvement thereof;

2.Utility model: a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product;

3.Design: A new design of a product that is aesthetically pleasing and suitable for industrial application by combining the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

For the applicant, the most important thing is the claims, which are not actually technical documents, but legal documents. Whether a patent is well written or not, the most important thing is to see whether the fan wheel circumference of the patent claimed protection is large enough and whether it has enough upper position; Therefore, the most important thing to pay attention to is whether the claims have other alternative technical solutions covering the product.

Patent suffocation refers to the document issued by the ** or district entity organization, which clearly records the content of the silver patent, and the patent application needs to be reviewed by the relevant authorities, and the originality of the patent needs to be paid attention to when applying for a patent, and no plagiarism and imitation are allowed.

1. Prepare application documents.

II. Review. 3. Conclusions of the review.

4. Go through the patent registration formalities or redo the request for review.

1. Application fee.

2. The actual judgment of the invention patent application shall be required for the examination and excavation of Hu Chun's inspection fee.

There are the following procedures for applying for a patent for invention: for applying for an invention patent, the procedures include application, acceptance, preliminary examination, substantive examination and authorization, and for applying for a design or utility model, the procedures include application, acceptance, preliminary examination and authorization. Notes:

1. The applicant shall be eligible;

2. The application materials must be complete and comply with the law;

3. The object of the application belongs to the scope of patent application and shall not violate the provisions of the law.

[Legal basis].

Article 34 of the Patent Law, which came into force on June 1, 2021.

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, 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 specific requirements for the patent application documents are:

1. The request shall include the name of the invention-creation, the basic information of the inventor and other relevant matters;

2. The description shall give a clear explanation of the invention;

3. The claims should clearly and concisely define the scope of the claimed patent protection.

[Legal basis].

Article 26 of the Patent Law of the People's Republic of China, which came into effect 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.

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 content of the patent application must meet the requirements of novelty, inventive step and practicability. According to Article 22 of the Patent Law, inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact 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 filing 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 filing date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantial features and progress. Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

If an application for a design patent is made, it must meet the provisions of Article 23 of the Patent Law: the design for which the patent right is granted shall be different and not similar to the design that has been publicly published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the prior legal rights of others.

The application for an invention patent cannot lack a request, description or claims; The application for a utility model patent cannot be without a written request, description, drawings or claims; An application for a design patent cannot be without a written request, ** or a brief description.

If the application documents contain foreign languages, a Chinese translation must be attached.

The request must not be less than the name of the applicant or legal entity, nor can it be less addressed.

The printed document is not clear, and the drawing cannot be altered or stained.

Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in Chinese mainland are the first signature applicant of the handbook, and no patent ** agency is entrusted. (Hong Kong, Macao and Taiwan are the same as this article).

The patent application filed should be clear.

Article 51 of the Law of the People's Republic of China on the Administration of Tax Collection and Collection of the People's Republic of China shall refund the tax paid by the taxpayer in excess of the tax payable after being discovered; If the taxpayer discovers the tax within three years from the date of settlement and payment, it may request the tax authorities to refund the overpaid tax and add interest on the bank deposit for the same period, and the tax authorities shall refund it immediately after timely verification; If it involves withdrawal from the state treasury, it shall be returned in accordance with the provisions of laws and administrative regulations on the management of the state treasury.