Ask a good person who understands patent applications to help me

I'm in charge of writing patent application documents, and I'm a small staff member in the company, and if your technical solution is a solution that didn't exist before, and it can produce positive results, of course, you can apply for it and it's easy to authorize. However, listen to your meaning, you are in the prior art improvement (now there are similar products or similar function products), then it does not matter whether it is similar or not, as long as you use a certain feature (i.e., your solution has a certain technical feature) to solve the existing problems of the prior art solution relative to the prior art solution, and it is not obvious to use the feature to solve the problem, that is, it is not easy for people who know how to recognize this problem and it is not easy to know that this problem is solved with this feature, Then the inventiveness is very high and you can apply for an invention. If the inventive step is not very high, but it is different from the prior art and can produce a positive effect, a utility model can be applied.

When applying for a patent, the patent office examines not the name (e.g., Bluetooth dialer), but the specific technical solution (e.g., the structure, shape, and coordination of parts of the product).

Therefore, if the functions are similar but the structure is completely different, then of course it is patentable.

When applying for a patent, you can focus on describing the differences between them and similar products, that is, the innovation point, you can consider choosing an invention patent (such as a high degree of innovation) or a utility model patent (such as a low degree of innovation).

Legal Analysis: People's ** Department in charge of patent work. Apply for a patent with the local provincial or autonomous region directly under the jurisdiction of the people's department in charge of patent work.

Legal basis: Article 3 of the Patent Law of the People's Republic of China The patent administration department is responsible for managing the patent work of the lifting leg bucket nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government that are in charge of patent work shall be responsible for patent administration within their respective administrative regions.

1. All can apply for a utility model.

An invention refers to a new technical solution proposed for a product, process or improvement thereof. It is further divided into product invention and method invention of technical solutions. Product inventions refer to all inventions in tangible form, that is, the use of objects to represent their inventions, such as machines, equipment, instruments, supplies, etc.

A process invention refers to an invention in which the technical solution provided by the inventor is aimed at a certain substance with a certain effect to make it produce a new technical effect. The invention of the method is to express its technical solution through the form of operation mode and process.

A utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. Utility model patents only protect products with a certain shape, and products and methods without a fixed shape and designs characterized by a simple flat pattern are not protected in this category. Due to the characteristics of utility model patents and applications without substantive examination, short examination and approval cycle, and low fees, the number of applications for this type of patent accounts for 2 3 of the total number of patent applications.

Design refers to the new design of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern, which is aesthetically pleasing and suitable for industrial application, that is, the style of the product. It also includes designs characterized by simple flat patterns.

For some people who say you should apply for an invention patent or utility model, first of all, please confirm how much of the structural improvement you have, and whether it is an obvious combination? If yes, then you can't apply for inventions and utility models, because you want to protect your product, you want to protect the market; Even if a utility model is filed, it will be invalidated, and the invention cannot be granted at all. If not, applications for utility models and inventions may be considered.

In fact, whether it is an invention patent, a utility model patent, or a design patent, as long as the rights are stable, the market can be protected. In addition to prohibiting others from using the patented product, a design patent may prohibit others from producing, selling, offering to sell or importing the patented product.

You mentioned in the above text that ornamental design should be aesthetically pleasing and suitable for industrial use, and meet the requirements of the design. The success rate of the exterior design is very large.

Specific problems need to be analyzed on a case-by-case basis.

As long as the three characteristics are satisfied: novelty, inventiveness and practicality, you can apply. It is possible to apply for a utility model. If there is no similar product on the market, the success rate can be passed, if you just combine many single pieces of jewelry together, you can't ensure that the single piece of jewelry you combine is someone else has applied for a patent, so you are applying to protect your entire product, that is, the whole product.

The principle of applying for a patent is novelty, innovation, and practicability. Therefore, the patent application should not be too general and must specify an article or a technology. For example, a diamond is an item that is synonymous with computers, furniture, etc.

Write a patent application document and first look at what type of patent you are applying for this thing.

Then write the application documents, pay the fee and wait for the notice.

There should be guidance on the homepage of the patent office.

Invention: According to the provisions of China's patent law, an invention patent generally needs to go through the following procedures from application to authorization:

1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 20 days and one month.

2. Submit the application documents, obtain the notice of acceptance from the patent office, determine the filing date, and submit an early disclosure statement and request for substantive examination on the day of submission of the documents, so as to speed up the examination process.

3. The Patent Office conducts a formal examination of the patent application documents for about 2-3 months, and enters the stage of preparation for publication after passing the preliminary examination.

4. The patent office publishes the invention application documents in about 6-8 months.

5. The Patent Office conducts a substantive examination of the invention patent documents, which is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, that is, the novelty, creativity, and practicability (the entrusted institution communicates with the ** institution to determine the appropriate scope of protection of the invention), and the communication may go back and forth several times until the amendment is satisfactory to the examiner.

6. The Patent Office issues a notice of authorization.

7. The applicant shall go through the procedures for obtaining the patent certificate.

8. Get the patent certificate in about 2-3 months.

The whole process lasts about 2 and a half to 3 years, depending on the speed of the examiner's examination and the depth of the applicant's information.

Utility model and design:

1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 10 working days.

2. Submit the application documents, obtain the notice of acceptance and cover from the patent office, and determine the filing date.

3. The patent office conducts a formal examination of the patent application documents, which takes about 3-6 months.

4. The Patent Office issues a notice of authorization.

5. The applicant shall go through the procedures for obtaining the patent certificate (pay the certificate collection fee of 295 yuan, [200 yuan certificate registration fee, 90 yuan annual fee of the current year, 5 yuan stamp duty]).

6. Get the patent certificate in about 2-3 months.

The whole process lasts about 1 year, depending on the speed of the examiner and the level of detail of the applicant's disclosure.