Can a patent be applied for if you invent a new car?

Hello, as long as the new technology is novel, inventive and practical, you can apply for patent protection.

Yes, the characteristics of invention patents are novelty, practicality, and innovation.

For more detailed questions, feel free to contact me.

After receiving the patent application, the patent office will examine it, and if the conditions for acceptance are met, the patent office will determine the filing date, give the application number, and after verifying the list of documents, issue a notice of acceptance and notify the applicant. If the application documents are not typed, printed, or illegible or altered; or the drawings and drawings are not drawn with drawing tools and black ink, and are blurred and altered; or the application documents are incomplete; or the applicant's name and address are missing in the request; or the category of the patent application is unclear or undetermined, and the patent application sent directly by foreign units and individuals without foreign-related patent ** institutions will not be accepted.

In the preliminary examination, it is necessary to examine whether the application has obvious defects, 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. 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from the third year, and if the application is not paid within the time limit, the application will be deemed to be withdrawn.

- Gao Qiyun.

If a technical solution meets the application conditions for both invention patents and utility model patents, in order to obtain invention patents as much as possible and to retain a guaranteed utility model patent, one technology can apply for two patents at the same time.

If the invention patent passes the substantive examination, the State Intellectual Property Office will issue a notice requiring the applicant to give up the utility model patent that has been obtained, and then grant the patent right of the invention patent; Inventions and utility models can be applied for at the same time, however, only one valid patent can exist at the same time.

If the invention patent is finally authorized, the utility model is a transition, but the invention patent is very risky, if it is not authorized, the utility model is the last straw.

As long as it is outside the scope of your patent, others can apply.

Among them, the invention patent is required to have: refers to the invention has outstanding substantive characteristics and significant progress compared with the prior art.

That is, if you want to apply for an invention, the invention means that this thing did not exist before, I invented it, or if this thing did not work before, I made a substantial transformation of the product (to be verified).

That's probably what it means.

As long as there is a new technical solution for the product, method or its improvement, you can apply for an invention patent.

After the application for a utility model patent is granted, the State Intellectual Property Office shall bear the responsibility of confidentiality, and the technology will not be known to the public. If you put your own production on the market, you will be known to the public and will take the following risks:

1. If your application is not authorized in the end, and the technology is not known to the public, you can apply again after modification, but because you have produced and marketed it yourself, it has become known to the public and has become a well-known technology, and you cannot be authorized to apply again. Although this situation can be resolved by claiming priority, the claim for priority is limited by the scope and time of the first application.

2. The Patent Law stipulates that after the grant of a patent, any person who exploits the patented technology without the permission of the right holder shall constitute infringement. During the period you described, if someone obtains the technical content from publicly available sources and copies it, your rights will not be protected by law.

It can be produced and marketed, and we have several customers whose products have been produced and sold by themselves for two years before coming to us to apply.

Yes, production after the filing date will not affect the grant of the patent.

Reproduction after the application and approval is correct and legal, but it is also relatively risky.

Apply after production, if it is applied by others, it will be a cup.

I don't know what it is? It is not too late to have a market before production, and do not produce blindly.

Article 9 Only one patent may be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.

Note]."Only one patent can be granted for the same invention-creation"**In Article 13, Paragraph 1 of the Implementing Rules of the Patent Law, referred to as:"One invention, one patent principle"。"If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention. "This is called"First-to-file principle"。

One invention, one patent principle"with"First-to-file principle"It is two basic principles of patent law, and the scope of the former is greater than that of the latter. If there is an invention and A files an application on February 1 and B files an application on March 1, the patent should be granted to A according to the first-to-file principle. However, if A files an invention patent application on February 1 and a utility model patent application on March 1, it does not belong because the applicant is only A"More than two applicants"Article 9 of the original Patent Law shall not apply.

The original Patent Law only provided for the first-to-file principle, and did not stipulate that the same person filed a patent application for the same invention successively, which was a legal loophole. In order to close the loopholes, the Patent Law Implementation Rules have been added"One invention and one patent"provisions. However, it can only be an expedient measure to make provisions that are lenient in the implementation rules of the lower law than those of the higher law.

It is only right to elevate the above principles to patent law.

In practice, the applicant often files an invention patent application and a utility model patent application for the same invention at the same time. Because there is no substantive examination of a utility model application, the inventor can obtain patent protection relatively quickly. When an invention patent enters the grant procedure, the applicant can obtain the protection of the invention patent with a longer term of protection by giving up the utility model.

For this reason, the Patent Law clearly regulates such acts.

19: The same applicant shall make separate declarations on the same day for the same invention-creation application**. Otherwise, the provisions of paragraph 1 shall not apply.

When the patent administration department announces a utility model, it will also publish the application and declare the application number of the corresponding invention patent application.

This is possible, but it must be stated in the application that the invention and utility model have been applied for at the same time, and if the invention patent can be granted, the patentee also needs to file an application to waive the utility model patent right in order to obtain the invention patent authorization.

The same invention, invention patent, and utility model patent can be applied for at the same time, but it must be the same person, and the application for the utility model and invention patent must be filed before the utility model patent is published, or the application for the utility model and the invention patent can be filed at the same time.

It should be noted that the application for an invention patent must be filed before the utility model patent is published, and the utility model patent must be abandoned during the examination of the invention patent, otherwise the invention patent cannot be granted. There are two advantages to applying for a utility model patent and a patent for invention at the same time:

First, when the invention patent is not authorized, you can rely on the protection of the utility model patent, and then give up the utility model patent when the invention patent is approved;

Second, when applying for an invention patent, a method invention can also be added.

Patents are generally protected by copy.

The technical solution does not have to be made into a product.

du to apply for a patent.

The application for a patent can be made at the stage of conception, as long as the inventiveness, novelty, and practicability of the technology can be explained, including the improvement of the prior technology, so that it can achieve a certain kind of more economical raw materials, more environmentally friendly, more convenient to use, etc.

When you have these creative ideas, you can start applying for a patent.

To apply for a patent: you need to provide claims, applications, and ID cards for individual applications (company applications need to provide: business licenses, copies of the ** copy of the organization, and copies of the inventor's ID card), and finally submit them to the CNIPA or submit them to the patent agency for processing.

Application process: application - acceptance - preliminary examination - disclosure (announcement) - substantive examination - authorization announcement. The whole time takes about one to three years.

Application process: a) The applicant provides a technical disclosure letter.

b) After the patent application documents are prepared, the application documents are submitted, the notice of acceptance from the patent office is obtained, and the application date is determined, and the notice of acceptance can be obtained in about 7 working days.

c) The Patent Office will conduct a preliminary examination of the patent application documents, which will take about 2-4 months, and issue a notice of preliminary examination after passing the preliminary examination.

d) The Patent Office shall publish the application documents that have passed the preliminary examination.

e) The invention patent application enters the substantive examination stage, during which the examiner reads the patent application and searches the technical field involved in the patent, the search scope is the literature published worldwide, after the relevant prior art is retrieved, the examiner will issue an examination opinion on the novelty, inventiveness, practicality and other substantive issues of the invention, and the first person communicates with the inventor on the examination opinion, and then the first person modifies and defends the application documents, and the examiner's examination opinion and the first person's defense may reciprocate several times, Until the amendment is made to the satisfaction of the examiner.

f) The Patent Office issues a notice of grant or refusal.

g) Handle the formalities of patent registration.

h) Get the invention patent certificate in about 2 months.

The entire process lasts approximately one year, depending on the speed of examination by the examiner and the quality of preparation of the patent application documents.

Good luck!

Go to your local IP office or science and technology office and look up the location online. Generally, there are patenting agencies in the vicinity of these offices. You can ask!