How to apply for a patent for mountain spring water

Approval process for invention patent application: patent application - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization of the patent ** agency to apply for patent procedures: consultation, signing of the entrustment agreement, technical disclosure, determination of the application plan, preparation of application documents, examination, examination conclusion, patent registration procedures or reexamination request.

1. Consult to determine whether the content of the invention and creation belongs to the content that can be applied for a patent; In this regard, it is recommended to consult several patent institutions to compare and determine the correct conclusion. Because the current information receptionist of many patent ** institutions is paid on a commission basis, for the sake of business volume, sometimes there will be inappropriate replies to inquiries. Determine which type of patent (invention, utility model, design) can be applied for for the content of the invention and creation2

1. Confirm the type of patent that needs to be applied.

2. To search for the same type of patent, you can search independently, or you can entrust a more comprehensive search by a first-class institution.

3. Prepare the application documents and submit them to enter the application steps.

4. Obtain a notice of acceptance.

5. Preliminary examination. (In the case of an invention patent application, the application for a patent for invention before the preliminary examination must first be examined for confidentiality, and if confidentiality is required, it shall be handled according to the confidentiality procedure.) In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the content of the examination falls within the scope of the non-grant of patent rights in the Patent Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements.

In the case of foreign applicants, they will also be subject to a qualification examination and an application procedure. If it is not qualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit, and if the applicant fails to reply within the time limit, the application will be deemed to be withdrawn. If the defect is not eliminated after replying, it shall be rejected.

If the invention patent application is qualified in the preliminary examination, a notice of qualification in the preliminary examination will be issued. In addition to the above-mentioned examination, it is also necessary to examine whether the patent applications for utility models and designs are obviously the same as the existing patents, not a new technical solution or a new design, and no reasons for rejection are found after the preliminary examination. will go directly to the authorized order.

6. Publication stage (especially for invention patent application). If the applicant does not request early disclosure, the application for invention patent will not enter the publication preparation procedure until 15 months have elapsed from the filing date. If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure.

After format review, proofreading, computer processing, typesetting and printing, the abstract of the specification is published in the patent gazette and a single copy of the specification is published after about three months. Once the application is published, the applicant is granted the right to temporary protection. Obtain a patent grant.

7. Substantive examination (especially for invention patents). Conduct a comprehensive examination of whether the patent application has novelty, inventive step, applicability and other substantive conditions stipulated in the Patent Law. If it is found that it does not meet the requirements for authorization or there are various defects after examination, the applicant will be notified to state its opinions or make amendments within the specified time, and if it does not reply within the time limit, the application shall be deemed to be withdrawn, and if the application still does not meet the requirements after repeated responses, it shall be rejected.

If the application has not been authorized within two years from the date of application, the application maintenance fee shall be paid annually from the third year, and if the application is not paid within the time limit, the application will be deemed to be withdrawn.

If no grounds for rejection are found in the substantive examination, the authorization procedure will be entered in accordance with the regulations.

8. Authorization stage. Utility models and designs can directly enter the grant stage after passing the fifth step of examination.

Mountain spring water cannot be patented. It is an objective thing and does not belong to the category of invention, utility model or design.

Article 2 The term "invention-creation" as used 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 an improvement thereof.

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

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Article 25 of the Patent Law shall not grant a patent right for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) substances obtained by the nuclear transformation method;

6) The design of the pattern, color or combination of the two of the graphic printed matter that mainly plays the role of identification.

However, the production process, device, and appearance packaging of mountain spring water can be patented.

Mountain spring water obtained in a natural environment cannot be patented because it is not "reproducible".

If some industrial means are used to treat existing water, the treatment process device can apply for a patent.

The application process can be checked and understood by the State Intellectual Property Office, and different materials need to be prepared according to the different types of applications (inventions, utility models, designs).

Take your trademark and spring water with you to the Patent Office!