How much do you know about the process of applying for a patent

Patent application process and materials:

1) Application for invention patent.

1. Patent application examination and approval process: patent application, acceptance, preliminary examination, publication, substantive examination request, substantive examination, authorization, 2. Documents to be submitted to apply for invention patent.

1) Request: including the name of the invention patent, the name of the inventor or designer, the name and title of the applicant, the address, etc. 2) Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.

4) Drawings of the specification: Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.

2) Application for utility model patent.

1. Approval process for utility model patent application: patent application, acceptance, preliminary examination, announcement, authorization.

2. Documents to be submitted to apply for a utility model patent.

2) Description: including the name of the utility model patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment. The content of the specification shall be written in detail, and the technical content shall be subject to the fact that a person skilled in the art of the art can realize it after reading.

4) Drawings of the specification: The utility model patent must have a description of the drawings.

5) Specification abstract: clearly reflect the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.

3) Application for design patent.

1. The process of applying for a design patent: patent application, acceptance, preliminary examination, announcement, authorization.

2. Documents to be submitted for appearance patents.

At least two sets of ** or ** (front, back, top, bottom, left, right, if necessary, a three-dimensional view) brief description of the design: a brief description of the design should be submitted if necessary.

On the moonlit night of the Spring River, when the gold list is inscribed, you will know how many flowers fall when you meet your old acquaintance in another country.

1. Application for invention patent:

Examination and approval process for invention patent application, which number of patent applications - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization;

2. Utility model patent application:

Approval process for utility model patent application: patent application - acceptance - preliminary examination - authorization;

3. Application for appearance patent:

The process of applying for a design patent is patent application - acceptance - preliminary examination - authorization.

Article 26 of the Patent Law of the People's Republic of China provides that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims.

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 should be based on the description and clearly and concisely limit the scope of the patent protection claimed.

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.

There are generally two major ways for individuals to apply for patents: 1. Submit directly to the State Intellectual Property Office; 2. Through the patent ** institution**. The first way to submit directly can be divided into three ways:

Mail the materials to the State Intellectual Property Office; to submit the materials to the State Intellectual Property Office's agency in each province. Submit via the web. The most convenient and mainstream way to submit through the Internet is as follows:

1. Register one first. Log in** and register in the top right corner; 2. The CPC client (the client is used to submit the application materials and receive the notice), in the above-mentioned **can**; 3. Obtain a digital certificate. Specifically, it can be obtained through the client, and the digital certificate is similar to a pass, which is used to determine the identity.

4. Preparation of application documents. The application documents include a request, claims, a description, drawings of the description (the invention may be without drawings), and an abstract of the description. Specifically, the production is done on the client side.

The law is as follows: Article 26 of the Patent Law A person applying for a patent for invention or utility model shall submit a request, a description and its abstract and claims. 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. Article 2 of the Detailed Rules for the Implementation of the Patent Law shall be handled in writing or in other forms prescribed by the Patent Administration Department.

Legal analysis: The process of applying for a patent includes: application, acceptance, preliminary examination, substantive examination, issuance of patent title, etc. And the above process is limited to applying for an invention patent. If a party applies for a design patent or a utility model patent, there is no need to conduct substantive examination.

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.

Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Rule 35 Within three years from the filing date of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; 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 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the right of invention for invention, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.

Applying for a patent requires the following process:

1. The applicant shall submit a written application;

2.After receiving an application for a patent for invention, the patent administration department shall conduct a preliminary examination for a period of 18 months. If the review passes, it will be published immediately;

3.If the invention patent application passes the substantive examination within three years from the filing date, an invention patent certificate shall be issued.

Legal basis: Article 26 of the Patent Law of the People's Republic of China. To apply for a patent for invention or utility model, a written request, a description and its abstract, claims and other documents 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 provide a clear and complete description of the invention or utility model and be capable of being realized by a person skilled in the art to which it belongs. If necessary, drawings should be available.

The technical points of the invention or utility model shall be briefly stated. The claims should be based on the description and clearly and concisely define the scope of patent protection. For inventions and creations made on the basis of genetic resources, the applicant shall indicate in the patent application documents the direct and original ** of the genetic resources; If the applicant cannot explain the original **, the reasons shall be explained.