How to go through the process of applying for a patent for an individual

There are three types of patent applications: invention, utility model and design. The process of applying for a personal patent is as follows:

1. Citizens applying for invention or utility model patents need to submit application documents such as design specifications, patent applications, abstracts and claims.

2. Citizens applying for a design patent need to submit the appearance of the design, the application for a patent and the description documents of the design.

I can file an application with the Patent Office by myself, or I can entrust an intellectual property ** agency to file a patent application. The patent office will accept the application and examine it within a certain period of time, and the relevant staff will examine the invention patent that requires substantive examination. After the examination is passed, the patent office will issue a notice of grant, and the applicant will go through the registration procedures within two months, and after completing the relevant procedures, the patent office will issue a patent certificate.

[Legal basis].

Patent Law of the People's Republic of China Article 29 Where an applicant files a patent application in China for the same subject matter within 12 months from the date of the first patent application for the invention or utility model in a foreign country, or within six months from the date of the first patent application for a design in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.

If the applicant files a patent application for the same subject matter with the patent administration department within 12 months from the date of the first patent application for the invention or utility model in China, he or she may enjoy the right of priority.

The process of applying for a patent by an individual is the same as that of an enterprise, and it needs to go through the stages of application submission, acceptance, preliminary examination, substantive examination and authorization.

Legal analysis: 1. The applicant submits the relevant application documents to the patent office, and the patent office determines whether the application conditions are met and determines the application date and application number; 2. The patent office examines the content of the invention, mainly examining the innovative practicability of the invention; 3. After passing the examination, it will go through the publication stage, and if it is not disclosed in time, it is necessary to wait until 18 months have expired from the filing date, during which the applicant can have a temporary patent right.

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.

Article 27 Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted. The applicant submits a request for the design of the product for which the patent protection is claimed.

Rule 28 The date on which the patent administration department receives the patent application documents shall be the filing date. If the application documents are sent by post, the postmark date of the application shall be the filing date.

1.The process of applying for a personal patent is as follows:

1) Consultation. Consult patent-related knowledge to understand the basic process and theory;

2) Prepare technical disclosures;

3) For Chinese patent searches, the search fee should be paid first. Confirm the novelty of the contents of the preliminary application in the Chinese patent and prevent infringement of the patent rights of others in China;

4)**。** Based on the original materials provided by the applicant, the applicant shall draft the application documents in accordance with the provisions of the Patent Law, the Implementing Rules of the Patent Law and the Examination Guidelines;

5) Acceptance. After receiving the mailed or submitted application documents, the State Patent Office shall send back the notice of acceptance;

6) Preliminary examination. The National Patent Office conducts a preliminary examination of the application documents submitted.

2.Legal basis: Article 22 of the Patent Law of the People's Republic of China.

Patented inventions and utility models shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents published or published after the filing date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Practicality refers to the fact that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology known to the public at home and abroad before the filing date.

How to apply for a personal patent?? 1. Individual patent application process(1) First of all, it should be clarified whether the invention results held by the inventor belong to service inventions or non-service inventions: service inventions refer to the inventions obtained by the inventor or designer in order to complete the tasks assigned by the employer, or mainly by using the material conditions of the employer, and the service invention is applied for by the unit, and the individual has no right to apply.

Non-service inventions refer to inventions made entirely by employees using their personal abilities after completing their own work. Non-service inventions can be patented by individuals. (2) Application document requirements:

To apply for a patent, documents such as a request, a description and its abstract and claims should be submitted. 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 respectively, the patent right is granted to the first applicant. (4) Examination and approval of patent applications:

After receiving an application for a patent for invention, if it is found to meet the requirements of the Patent Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. 2. Application documents to be submitted for patent application1. If an application for an invention patent is made, the application documents shall include: an application for an invention patent, a description (if the description has drawings, the drawings of the description shall be submitted), claims, abstract (if necessary, there shall be an abstract drawing) and other documents.

2. For an invention patent application involving amino acid or nucleotide sequence, the sequence listing shall be included in the specification, and the sequence listing shall be submitted as a separate part of the specification, and a copy of the sequence listing shall be submitted in a computer-readable form in accordance with the provisions of the State Intellectual Property Office. 3. Where an application for a utility model patent is made, the application documents shall include: the application for the utility model patent, the description, the drawings attached to the description, the claims, the abstract and its drawings, and other documents.

4. If an application for a design patent is made, the application documents shall include: a design patent application, ** or **, and a brief description of the design. If the color protection is requested, the color ** or ** shall also be submitted.

The orthographic projection view of the same design of the same product shall be made using the same expression method, that is, it shall be all drawn view or all rendered view or all ** view, and it is not allowed to mix different expressions. Do you understand the ruler key in this way?

The process for an individual to go to the Intellectual Property Office to apply for a patent is:

1. The patent owner submits the application materials in person or by entrusting the store;

2. After receiving the application, the patent administration department shall conduct a preliminary examination for 18 months, and publish it immediately if it meets the requirements of the application;

3. Finally, 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 of the Patent Law, which came into force on June 1, 2021.

Where an application is made for an invention or utility model patent, the applicant shall submit a request, a description and its abstract and claims.

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, at the request of the applicant, publish the application as early as the first day.

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.

3.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.

1. The applicant fills in the payment information according to the content of the payment list. 2. The agency will provide payment information according to the payer, and collect the fee and print the receipt. 3. The payer shall check the printed payment receipt and payment.

4. The agency will send the first and third copies of the payment receipt to the Patent Office of the State Intellectual Property Office on the next day, and at the same time telegraph the payment information to the Patent Office of the State Intellectual Property Office.

First of all, you need to prepare the details of the patent, and then submit it to the State Intellectual Property Office for application. As long as there are no problems with the information submitted, the patent itself is eligible to pass the examination. At that time, the applicant can obtain the patent right, if you are not familiar with the detailed process, you can also seek the help of the ** platform, and the platform will assist you in completing the patent application.

The process of applying for a patent application has different processes depending on the type of 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; In about six months, the Patent Office issues 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. Both utility model patents and invention patents need to be drafted with the patent specification and submitted to the State Patent Office together with the application for the patent, as well as two documents, the Statement of Request for Advance Disclosure and the Request for Substantive Examination. After the application for a utility model patent is submitted, the Notice of Patent Acceptance can be obtained in about a week; About six to eight 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.

3. After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about one 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.