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Patenting process.
The procedure for applying for a patent is simple, and you only need to apply once to know it. First of all, from the national intellectual property online **patent application** and the version of the patent document (description, claims, abstract of the specification, request for fee reduction, request), fill in the ** and write the patent application documents can be applied to the patent office. If you know how to write patent documents, you can write documents by yourself and file a patent application with the patent office; Inventors who are not sure about writing documents and do not know how to apply for a patent can entrust a patent ** agency to apply for a patent.
Patent documents submitted to the patent office can be submitted by mail or in person, and the mailing must be done with ** letter, and the document cannot be folded when mailed. In order to take care of the inventors in remote areas who apply for patents, the patent office applies for patents through the post office, and the patent application date is calculated according to the mailing date, and the patent application date is of great significance, so we must pay attention to it, and we should ask the post office staff to stamp the postmark more clearly when mailing. After the patent documents are submitted or mailed, we will receive the "Notice of Patent Acceptance" issued by the Patent Office and obtain the patent application number, and if the request for fee reduction is made, we will also receive a document agreeing to the fee reduction; In order to be accountable to the applicant, all letters are sent by **.
We get the patent number to have legal effect, and then we pay the patent application fee to the patent office according to the patent number, when paying the patent application fee, the patent number and the name of the fee must not be written wrong (the current patent application number is particularly long, it is easy to make mistakes, and we must proofread it carefully; The name of the fee must not be wrong), and the fee must be paid in full, otherwise the patent office will treat it as if the fee has not been paid, and the failure to pay the patent application fee will lead to the consequence of patent non-authorization. When mailing, the address and the recipient can not be mistaken, especially the recipient, the patent office has many units, the recipient should be the "patent acceptance office", if it is a fee, the payee should be according to the recipient on the documents of the patent office, the patent office has a special fee management office. After the patent application documents have been submitted to the patent and the patent application fee has been paid, the patent application process is basically completed, and the patent grant notice issued by the patent office will be received in six to twelve months.
I hope you succeed.
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After the publication of an invention application, the Patent Office initiates substantive examination upon receipt of a request for substantive examination from the applicant. The examiner issues a notice of reasons for refusal, in which the examiner evaluates the novelty, inventive step, and practicability of the invention application, and points out the substantive defects in the application documents. The applicant responds to the reasons for examination and amends the application documents if necessary.
Where an application is made for an invention patent, the application documents shall include a description of the application for a patent for invention and, if necessary, a drawing, an abstract of the claims and its drawings, one copy of each, and the description shall include the sequence listing, and the sequence listing shall be submitted as a separate part of the description, and a CD-ROM or floppy disk containing the sequence listing shall also be submitted in accordance with the provisions of the State Intellectual Property Office. Where an application for a utility model patent is made, the application documents shall include: a request for a utility model patent, a description, drawings to the description, a claim, an abstract and its drawings, each in duplicate.
If an application is made for a design patent, the application documents shall include: a request for a design patent, ** or **, one copy of each. If the color protection is requested, the color ** or ** copy shall also be submitted.
If you commit **, all views should be **, and if you commit **, all views should be **, and you must not mix ** or **.
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.
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.
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From the perspective of patents, the content protected by patents itself belongs to ideas, but pure ideas are not protected by patent law, and patents protect materialized ideas, that is, to satisfy originality, novelty and practicality, a pure idea may have originality and novelty, but not practicality. Practicality here refers to industrial practicality.
If I design a primary product on a whim, can I patent it in that case? Of course you can. In fact, as long as there is an idea, even if you have not made a mature product, you can apply for a patent, after applying for a patent, if someone else manufactures and sells your patent-related products, so you can entrust a lawyer to solve it through legal means, as long as you have the patent right in your hand, it is difficult to lose the lawsuit.
Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are authorized and announced only after preliminary examination.
3. The design patent needs to submit a request, design ** 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.
Applicants should make adequate preparations before applying.
1) Understand the relevant laws and regulations in detail and be familiar with the application process.
2) Understand the existing level of the technical field, search for domestic and foreign patents, and make a feasibility analysis of their own inventions and creations.
3) Do a good job of confidentiality.
In recent years, the number of patent applications in China has increased year by year, and more and more enterprises and individuals have joined the army of patent applications, setting a record of patent applications every year. In order to encourage innovation and creativity, the state has also begun to vigorously support the development of the intellectual property industry in recent years.
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It is not very easy to apply, you need to submit various procedures and processes, and you also need to prepare a lot of documents, so it is not very easy to apply.
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Patents are still very good to apply, if you want to apply for a patent, then you must first check whether the patent library has a patent similar to your own, if not, then you need to write the reason for your own patent as a **, and then make some actual products as evidence, fill out the corresponding application form, and provide your own information to apply.
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I don't know how to find an agent to apply for a patent, 800 words, 2 words have been applied for more than a year, one has passed and one has been rejected, and the agency must be looking for a reliable one.
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Legal analysis: The application for a patent is actually not as difficult as imagined, you have a new idea to solve a real problem, which is unique, and can finally be achieved in a tangible way, you can apply for a national patent. There are three types of patents: invention, utility model and design, and the main differences are that the technical content of the idea is different, the length of protection is different, and the maintenance fee to be paid is different.
Legal basis: Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" in this Law refers to inventions, utility models and designs.
An invention refers to a new technical solution proposed for a product, a process or a key destroyed by its improvement.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Delicate and delicate.
Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.
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More and more people know how important it is for patents to belong to them, we can often see that various patents are preemptively registered by others, and enterprises or individuals can only silently accept the news of the facts, and their own patents have ended up like this because they have not been able to apply in time, which will really make people feel very embarrassed, so it can also be seen that whether the patent can be successfully applied for is really critical, many companies have their own patented technology, such as new products developed by daily chemical products, etc., are projects that can apply for patents. So is it difficult to apply for a patent? Let's take a look.
The process of applying for a patent is very complicated, and it is necessary to get a certificate issued by the state to indicate that the patent really belongs to you, and the difficulty of applying for a patent for enterprises will be greater, and the state is still very strict about the review procedures in this regard, so when submitting the application documents, you will feel that the waiting time is very long, and you will always feel uneasy. Why did the application fail? Some enterprises submit unclear documents, and many important matters are deliberately avoided, so this problem will be found in the review process, and the application will naturally be rejected.
Patents and trademarks are the same, in fact, they can understand whether there are similar or identical patents by querying, so a simple step can lower the probability of failure, and you can query on the regular **, is it difficult to apply for a patent? If you urgently need to apply for a successful enterprise or individual, you can also deal with the problem through the ** organization, which is more convenient and faster.
Intellectual Property Trademark Transfer Network provides trademark transfer services, trademark trading on Bajie, purchase trademark to save trademark registration.
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Legal analysis: A good patent application is a good one, and the conditions that the patent applicant must meet are:
1.Novelty, the patent applied for is unprecedented in the prior art, has never been publicly published and publicly used2Creative, the technology is superior to the existing technology, more advanced3Practicality, the invention can be put into practical use and create practical value.
Legal basis: Patent Law of the People's Republic of China Article 3 The patent administration department is responsible for managing the patent work nationwide, accepting and examining patent applications, and granting patent rights in accordance with the law. The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.
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