Do you know what the top 10 misunderstandings of patent applications are?

Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract.

A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted. 2. At the examination stage, China implements a preliminary examination system for utility model patent applications.

During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds. 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 and other documents specified in Article 26 of the Patent Law

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 around the world are relatively consistent, but there are also many differences.

After applying for a patent, it's fine, I don't know that I need to pay an annual fee every year for maintenance.

(1) Applying for a patent will lead to the risk of technical leakage.

Many companies or individuals are worried that if they apply for a patent for their innovative technology, then the technology will be disclosed, so competitors can learn about their technical secrets through the patent publication, so they are reluctant to apply. This issue should be understood in this way, once the product is put on the market, its technology is difficult to keep secret, without applying for a patent, the technology will also be obtained or imitated by others in the process of product circulation, or through reverse engineering to develop the same technical products, especially in the field of mechanical products. Therefore, if you do not apply for a patent, you will not even have the minimum right to litigate, and there will even be competitors who preemptively apply for patents and will be forced to be subject to the other party.

2) Only technologies with technical content can be patented.

It is wrong for many technicians to think that their innovation is only a little improvement on the basis of existing products, and the technical content is not high, so they cannot apply for patents. Whether a patent application can be patented or not is based on the examination criteria of the Patent Law, such as novelty, inventiveness and practicability, etc., not the level of "technical content".

3) A sample or product must be made before applying for a patent after it is marketed.

Inventions, utility models or designs are the protection of a technical solution, not the product itself, so as long as the principle of a technical solution is known, a patent application can be initiated. It takes a certain amount of time and money from the formation of the technical solution to the manufacture of samples or prototypes, and if you apply for a patent after the sample or product is on the market, you may miss the opportunity to apply for a patent, lose the novelty, and cause the patent to be unauthorized.

4) A product or a technology can only apply for one patent.

The R&D process of a new product needs to overcome a number of technical points, and a patent is often a technical point for the product, so the multiple technical points involved in the R&D process of a new product can usually form multiple patents. For example, if there are two innovations in a technology, if the application is filed in one patent, the typical result is that the patent only protects the solution that adopts both innovations, and does not infringe when the competitor only uses one of the innovations.

Therefore, if you want to obtain full protection, you should apply for a separate patent for each innovation.

5) Software products cannot be applied for patents.

Many people believe that software can only be copyrighted, not patented. In fact, this understanding is one-sided, and the content of copyright and patent protection is different. The copyright of the software protects the program**; The "Regulations on the Protection of Computer Software" clearly states that the protection of software copyright does not extend to the ideas, processing processes, operation methods or mathematical concepts used in the development of software.

Therefore, software copyright registration has certain limitations on the legal protection of software. Patent protection for software largely compensates for this shortcoming.

Myth 1: Misunderstanding the definition of patent.

What is misunderstood by many scientific and technological R&D personnel is that they believe that scientific and technological innovation achievements can be protected by intellectual property law even if they have intellectual property rights since they are born. In fact, patents are a kind of monopoly rights, and if independent research and development of technological achievements is not patented, they will not be legally recognized and protected.

Myth 2: Apply only after the product is put into production.

If the results are disclosed to the world without a proper preservation policy, the novelty of the patented technology will be lost, and it will become a patented technology that can be used by the public.

Myth 3: The iterative update of scientific and technological achievements does not apply for patents.

The R&D work in the later stage of the patented technology will inevitably bring creative and innovative changes to it, and if the relevant patent application is not filed, the patentee can only have the protection of the previous patent.

Myth 4: A technological achievement can only apply for one type of patent.

There are three types of patents stipulated in China's Patent Law: invention patents, utility model patents and design patents, each of which has a different scope of protection and can be applied for at the same time.

Many start-up software companies will think that the development of a software only needs to do a good job in software copyright registration and protection, but it has to be reminded that the software can only protect the first software, but not the entire software design, if the software is excellent enough, cutting-edge, it should apply for patent protection.

1. What is the 2022 new patent application process?

A utility model patent application must have drawings to the specification. If the patent company is entrusted, a power of attorney shall be submitted. If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2. At the examination 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 of utility model patent protection, and if there is a customer that does not belong to the utility model patent protection customer, the examiner will issue a notice of reasons for refusal, and the applicant will reply to the notice of reasons for office or revise the application documents.

3. Grant stage: After passing the preliminary examination, the examiner will issue a notice of grant of patent right. 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.

The law stipulates that if the application for a utility model or design patent is not found to be rejected after the initial examination, the patent administration department shall make a decision to grant the utility model patent or the design patent, issue the corresponding patent certificate, and register and notify the public at the same time.