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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.
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Individual applicants can find a ** company, because you need to run a lot of processes to apply for one yourself, it is not very convenient, it is recommended that you choose a ** business to help register (the following is the process of applying for a patent for yourself).
1) Determine the type of application.
1. The shape, structure, production process and formula of the invention product are protected for 20 years.
2. The shape, structure or combination of the two of the utility model product shall be protected for 10 years.
3. The shape, pattern or color of the design product and the combination of them shall be protected for 10 years.
2) Write the content of the application documents:
2. Design: request, design drawing or **, brief description of the design. Method: Write it yourself or entrust it to a ** agency.
3) Submission of patent documents.
1. Directly mail or submit to the State Intellectual Property Office (Beijing).
2. Submit to the State Intellectual Property Office.
4) Pay the application fee.
1. 900 yuan for invention; 500 yuan for utility models; The design is 500 yuan. (**The price of the institution is only a little higher than these inventions 4880 yuan; 2,380 yuan for utility models; design 680 yuan).
2. You can submit the application fee reduction procedures to the State Intellectual Property Office at 30%, and the first three years of the annual fee can also be paid at 30%.
The following documents must be prepared:
1. The name of the invention or creation;
2. Prior art information (the technical information that is closest to the present invention and has been disclosed, including the published science and technology, the patent that has been disclosed or the literature that has been referred to for completing the present invention and creation);
3, accomplishing the purpose of the present invention;
4. A technical scheme to achieve the purpose of the present invention: the product invention requires a detailed description of the structural composition of the product, and the method invention requires a detailed description of the steps of the method;
5. Drawings (inventions in the field of machinery must require drawings): the structure of the product can be clearly seen, the connection relationship of each part can be distinguished, and it can be divided into decomposition drawings, anatomical drawings, etc.;
6. Specific embodiments (specific embodiments of the present invention are completed, including experimental data of the experimental process);
7, the best effect that the present invention can achieve;
8. If the applicant is a unit, the unit needs to be stamped: if the applicant is an individual, an individual signature is required;
9. Each application must provide clear information such as the applicant's name, detailed address, **, zip code, and inventor's name.
Note: 1. The relevant documents submitted to the State Intellectual Property Office (Patent Office), including the abstract, abstract drawings, claims, description and drawings of the specification, shall be written by the patentee.
2. It takes about three years for an invention patent application to be granted from application to authorization, and the "Invention Patent Certificate" will be issued about three months after the registration procedures.
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(1) Preliminary examination: After receiving the application for invention patent, the patent office shall undergo preliminary examination. After passing the preliminary examination, it will be published immediately after 18 months from the filing date.
The patent office may also publish the application at an early date at the request of the applicant. The preliminary examination mainly verifies whether the application documents are complete; whether the form meets the standards; Whether the fee is paid. During the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make the correction.
2) After the publication of the invention application for substantive examination, the Patent Office shall initiate the substantive examination upon receipt of a request for substantive examination from the applicant. The examiner issues a notice of reasons for refusal, in which the examiner evaluates the novelty, inventive step, and practicability of the invention application, and points out the substantive defects in the application documents. The applicant responds to the reasons for examination and amends the application documents if necessary.
If the applicant's response overcomes the office action, the examiner will issue a notice of grant of the patent. If the applicant's response does not overcome the reasons for refusal, the examiner will issue a second notice of reasons for refusal or a notice of refusal. (3) The authorized applicant shall go through the registration procedures after receiving the notice of grant of patent right.
The applicant shall 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. The applicant can obtain a patent certificate after completing the registration formalities.
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To apply for a patent, you need to apply to the State Intellectual Property Office, as long as there is no problem with the information submitted, and there is no problem with the patent itself. Then you can apply successfully. If you are not familiar with the detailed steps, you can also seek the help of the ** platform, and the platform will help you complete the patent application.
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Methods of applying for individual invention patents: submit documents such as a request, a description and its abstract, and a letter of request for rights; After receiving the application for invention patent, the patent administration department shall conduct a preliminary examination for 18 months, and a substantive examination for three years from the date of application. After examination, if it is determined that the conditions are met, a patent authorization certificate will be issued.
[Legal basis].
Article 26 of the Patent Law.
Where a request for an invention or utility model patent is requested in the application for postponement of the application period, the request, the description and its abstract and claims shall be submitted.
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 publish the application at an early date at the request of the applicant.
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 be effective from the date of publication.
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How to apply for a patent and improve the patent grant rate? According to the 2021 annual report of the State Intellectual Property Office, the patent authorization rate of China's trembling mu god is 10,000 authorized utility model patents in the same year, a year-on-year increase; 10,000 design patents were authorized, a year-on-year increase. According to the data of the previous two years, the authorization rate of invention patents is significantly lower than that of utility model patents and design patents, so what should we do to improve the authorization rate of invention patents?
Let's take a look at it Let's take a look at it If we want to improve the authorization rate of invention patent applications, we can start from the following aspects: 1. Technical disclosure A detailed and complete technical disclosure has a great role in promoting the successful authorization of patents. Professional patent ** converts the technical solution in the technical disclosure into a legal document, which avoids the delay in the application process due to the substandard disclosure 2. Communication The inventor should communicate the invention idea with the first person in advance, so that the first person can fully understand and excavate the technical solution and its logic presented in the technical disclosure document, so that the application documents can better present the technical solution and actual effect 3. Patent search It is very necessary to carry out a patent search before applying for a patent, and its role mainly includes:
1) Screening out the technical solutions that obviously do not have the prospect of licensing (2) Supplementing and circumventing the technical solutions with certain licensing prospects in accordance with the prior art, including but not limited to supplementing the control test and data, adjusting the scope, and strengthening the reasonable layout and expression of the distinguishing points (3) Helping the patenter to better carry out the reasonable layout of the claims and specifications 4. Writing There are many rules and requirements for the drafting of patent application documents, and it is difficult for non-professionals to write a very good patent application document. It is easy for the patent application to be rejected due to unclear drafting, so it is necessary to find a professional to carry out the drafting 5. Reply to OA The reply to the office action is the channel and right for the applicant and the examiner to communicate with the patent law, and this channel can be used well to persuade the examiner to recognize that the patent application meets the conditions for grant and thus grant the patent right, and its importance is obvious 6. Reasonable layout You can win by "reasonable layout of quantity and quality" to achieve the purpose of improving the grant rate of invention patent applications.
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The process of applying for a patent for an invention is rigorous and complex, and it is necessary to provide sufficient materials to explain and verify the relevant patent. In particular, those technical, chemical and other patents need to provide relevant technical materials. The invention patent application process includes five steps: acceptance, preliminary examination, filial piety defense, substantive examination and authorization.
Among them, utility model invention patents and design patents are not subject to early publication and substantive examination.
The results obtained in the process of technology development and new product development should be applied for invention patents because of their high technical level. For example, the application of laser technology is developed and researched, and the laser holographic or grating lame erosion method is applied to the manufacture of Taicheng leather, and a holographic grating synthetic leather is developed. Then, both the leather itself and its manufacturing method should be applied for an invention patent.
Invention is a new technological solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research and experiments, and is generally composed of several technical features. Secondly, inventions are divided into two types: product inventions and methods that are prudent and wise.
Product inventions include all things created by man, and process inventions include all methods produced by inventions using the laws of nature.
After substantive examination, the patent conforms to the practicability, novelty and inventiveness of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee of the current year, printing fee and certificate production fee are paid according to the regulations, and the invention patent certificate is obtained. Authorized invention patents will be announced.
The technology for which an invention patent is applied can be either a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the prior art. Technical fields for which no patent is granted Diagnosis and method of disease, substance obtained by nuclear transformation method, etc.
It takes more than 2 and a half years to apply for an invention patent from application to authorization, and after obtaining the patent right, the annual fee must be paid according to the regulations. The term of protection for an invention patent is 20 years from the filing date. Invention patents cannot be renewed.
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First of all, the materials for the disclosure of the technique are submitted, and then the relevant information such as the name, identity, physical evidence and address of the inventor is attached, and then the relevant departments are waiting for the review, and there will be an authorization announcement after the completion of the preliminary examination.
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After providing relevant materials and submitting application documents, the Patent Office conducts a preliminary examination and enters the preparation stage for disclosure after passing the preliminary examination.
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Legal Analysis: Individuals can apply for invention patents. The inventor or designer is the patentee.
Legal basis: Patent Law of the People's Republic of China
Article 8 Unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more units or individuals, or an invention-creation completed by a unit or individual entrusted by another unit or individual, belongs to the unit or individual that completed or jointly completed the invention-creation; After the application is approved, the applicant is the patentee.
Article 9 Only one patent can be granted to Sun Xianfu 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 the utility model patent right has been abandoned in the hidden paragraph, 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.
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