What do I need to do to apply for a patent?

Design patent application.

1) For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application" together with a brief description of the design, and submit the application documents to the State Patent Office.

After submitting the application, you can get the Notice of Patent Acceptance in about a week; About 3-5 months, the Patent Office will issue the Notice of Grant of Design Patent Right and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.

2) Application for utility model patents and invention patents.

Both utility model patents and invention patents need to be drafted with a patent specification and submitted to the State Patent Office together with the application for the patent. Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination".

1. After the application for utility model patent is submitted, the "Notice of Patent Acceptance" can be obtained in about a week; In about six months, the Patent Office issues the Notice of Grant of Utility Model Patent and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.

2. After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about a week;

After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered; If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months. The invention patent application process takes about three years.

If the above three types of patents are applied by individuals (only for individuals in Chinese mainland), they can submit a "Application for Fee Reduction" together to request a reduction of the application fee and the first three annual fees.

You can directly find an agent to help you handle it, it must be very troublesome to get it yourself, and there are many professional ones on Tianyan Enterprise Service.

Find a ** agency and submit.

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 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.

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.

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.

1. First of all, it should be clarified whether the invention results held by it belong to service inventions or non-service inventions.

2. Requirements for application documents: To apply for a patent, you should submit a request, a description and its abstract and claims. The request shall clearly state the title of the invention, the name of the inventor or designer, the name and address of the applicant, and other matters.

The description should give a clear and complete description of the invention, and the claims should state the scope of the claimed patent protection.

3. First-to-file principle: The first-to-file principle is adopted for the granting of patent rights in China, that is, when two or more applicants apply for a patent for the same invention, the patent right is granted to the person who applies first.

4. Examination and approval of patent application: After receiving an application for invention patent, if the patent office finds that it meets the requirements of the Patent Law after preliminary examination, it shall publish it immediately after 18 months from the date of application.

You can go to your local intellectual property office to apply, or you can go to the China Patent Electronic Application Network to apply online. The process of applying for a patent is as follows: 1Confirm the type of patent you need to apply for.

2.To search for the same type of patent, you can search by yourself, or you can entrust a more comprehensive search by ** agency.

3.Prepare the application documents and submit them to proceed to the application process.

4.Obtain a Notice of Acceptance.

5.Preliminary examination (if the invention patent application is applied for before the preliminary examination, the patent application must first be examined for confidentiality, and if confidentiality is required, it shall be handled according to the confidentiality procedure).

6.Publication stage (specifically for invention patent applications).

7.Substantive examination (specifically referring to invention patents) is a comprehensive examination in terms of novelty, inventiveness, practicability, etc.

8.Authorization phase. Utility model and design patents can directly enter the authorization stage after passing the fifth step of examination.

What you need to prepare:

1.Where an application is made for an invention patent, the application documents shall include:

2.Where an application for a utility model patent is made, the application documents shall include:

3.Where an application is made for a design patent, the application documents shall include:

The application for a design patent, ** or ** (if the color protection is claimed, the color ** or **) and a brief description of the design shall be submitted in duplicate. If ** is submitted, both copies should be **, and if ** is submitted, both copies should be **, and ** or ** should not be mixed.

However, I suggest you go to the ** agency to help you)