What documents do I need to prepare for a utility patent I want to file my own application

Hello: The shape of the product referred to by the utility model patent refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for the shape of the product can be the technical scheme proposed for the spatial shape of the three-dimensional form of the product, or it can be the technical scheme proposed for the two-dimensional form of the product, such as the improvement of the cross-sectional shape of the profile.

In addition, the product structure referred to by a utility model patent refers to the arrangement, organization and interrelationship of the various components of the product. The construction of the product can be either mechanical or wire-based. The legal documents submitted at the time of patent application must be in written form and filled out in accordance with the prescribed uniform format.

1) The application documents shall include: the application for a utility model patent, the description, the drawings attached to the description, the claims, the abstract and its drawings in duplicate. (2) If the company applies for a patent, the application documents shall include:

A copy of the business license of the enterprise legal person and the ** certificate of the organization (with the official seal) shall be submitted in duplicate each, and a copy of the inventor's ID card shall also be submitted. (3) If an individual applies for a patent, the application documents shall include: a copy of the ID card of the applicant and the inventor, one copy of each, and the application address, zip code, ** and other communication methods shall also be submitted.

There is also to find a company agent (Xi'an Mingze Patent Law Firm) with patent filing qualifications, utility model package authorization, or consult (Zhizhuxia platform) with a professional patent consultant to answer your questions.

A patent application is a necessary procedure for obtaining a patent right. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate. When filing a patent application with the national patent office, the applicant should also submit a series of application documents, such as a request, description, abstract and claims, etc.

In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply by yourself or find a ** office to apply. I'm Zhizhuxia, you can come and consult us.

The specification provides a detailed description of the patent. The claims indicate the scope of the claimed patent protection.

Legal basis] Article 26 of the Patent Law of the People's Republic of China.

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 explain 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 patent protection to be sought.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct origin and origin of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Filing documents for utility model patent applications:

1. Provide the necessary information, the name of the applied utility model, the name, address and nationality of the inventor, the name or title, address and nationality of the applicant;

2. Power of attorney;

3. Technical disclosure;

4. Sign the entrustment contract.

1. What are the characteristics of utility model patents?

First, a utility model patent only protects a product, which should be an entity that has been manufactured by industrial methods and occupies a certain space. All relevant processes (including the use of the product) and articles of natural existence that have not been artificially manufactured are not the subject matter of protection of utility model patents.

Second, the inventive requirements for utility models are not too high, but the practicability is strong and the practical value is large.

The third is to simplify the examination and approval procedures, speed the grant, shorten the term of protection, and reduce the fee standard in the examination and approval of patent rights.

2. What is the difference between a utility model and an invention?

Utility models differ from inventions in that:

First, a utility model is limited to a product with a certain shape, and cannot be a method, nor can it be a product without a fixed shape; Second, the inventive step requirements for utility models are not too high, but the practicability is strong.

In view of the fact that utility models do not require high inventive step, people generally refer to them as small inventions and small creations. However, it is important to understand that inventions with a high level of inventiveness can also be applied for a utility model patent as long as they meet the subject matter of utility model protection.

The shape of a product refers to the definite spatial shape that the product has that can be observed. The technical scheme proposed for the shape of the product can be the technical scheme proposed for the spatial shape of the three-dimensional form of the product, such as the improvement of the cam shape and the cutter shape; It can also be a technical solution for the two-dimensional form of the product, such as the improvement of the cross-sectional shape of the profile.

The construction of a product refers to the arrangement, organization, and interrelationship of the various components of a product. The construction of the product can be either mechanical or wire-based. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical coordination relationship of the parts that constitute the return of the product, and the circuit structure refers to the definite connection relationship between the components that constitute the product.

The utility model patent application process includes application-examination-grant, as follows:

1.Application Stage.

The application documents for a utility model shall include: a patent application for a utility model, a description, drawings to the description, claims, an abstract and drawings attached to the abstract. A utility model patent application must have drawings to the specification.

A power of attorney shall be submitted for the balance of the entrusted patent ** institution. If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2.Review stage.

China implements a preliminary examination system for utility model patent applications. During the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents. The applicant made amendments to the notice.

At the same time, the examiner will examine whether it is a customer protected by a utility model patent, and if there is a customer that is not protected by a utility model patent, the examiner will issue a notice of reasons for reasons for action, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents.

Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents specified in Article 26 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format, and includes the examination of the following items:

whether the application for a utility model patent clearly falls under the provisions of Articles 5 and 25 of the Patent Law, or clearly does not comply with the provisions of Articles 18 and 19.1 of the Patent Law, or clearly does not comply with the provisions of Article 31.1 and 33 of the Patent Law, Article 2.3, Article 22.2 or 4 of the Patent Law on novelty and practicality; whether it clearly does not comply with the provisions of Paragraphs 3 or 4 of Article 26, Paragraph 1 and 33 of Article 31 of the Patent Law, or whether it is impossible to obtain a patent right in accordance with Article 9 of the Patent Law; The patent office shall notify the applicant of the office action and require the applicant to state his opinion or make corrections within the specified time limit; If the applicant fails to respond within the time limit, the application shall be deemed to be withdrawn. If the applicant still finds that it does not comply with the provisions of the preceding paragraph after the applicant has stated its opinions or made corrections, it shall reject it.

3.Authorization phase.

1) Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures:

Pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice and the stamp duty on the patent certificate within the prescribed time limit.

2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.