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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
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If you don't have a certain amount of money to support it, don't invest it. When an individual applies for a patent, the technical height is generally not high, and the annual fee needs to be paid after the patent application.
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1.The process of applying for a personal patent is as follows:
1) Consultation. Consult patent-related knowledge to understand the basic process and theory;
2) Prepare technical disclosures;
3) For Chinese patent searches, the search fee should be paid first. Confirm the novelty of the contents of the preliminary application in the Chinese patent and prevent infringement of the patent rights of others in China;
4)**。According to the original materials provided by the applicant, the applicant shall draft the application documents that comply with the provisions of the Patent Law, the Detailed Rules for the Implementation of the Patent Law and the Examination Guidelines;
5) Acceptance. After receiving the application documents mailed or submitted, the State Patent Office shall send back the notice of acceptance;
6) Preliminary examination. The National Patent Office conducts a preliminary examination of the application documents submitted.
2.Legal basis: Article 22 of the Patent Law of the People's Republic of China.
Patented inventions and utility models shall be novel, inventive and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents published or published after the filing date.
Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.
Practicality refers to the fact that the invention or utility model can be manufactured or used by a person who has been closed and can produce positive effects.
For the purposes of this Law, the term "prior art" refers to technology known to the public at home and abroad before the filing date.
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Legal analysis: submission of patent application, issuance of acceptance notice by the State Intellectual Property Office, preliminary examination, publication, substantive examination and authorization by the State Intellectual Property Office.
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.
The request should state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other particulars.
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 shall be based on the description and clearly and concisely define the scope of the claimed patent protection.
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.
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.
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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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1. What are the steps for applying for a patent by yourself?
1. The process of applying for a patent by an individual is as follows:
1) Consultation. Consult on patents to understand the basic processes and theories;
2) Write a technical disclosure letter;
3) For Chinese patent search, pay the search fee first. Preliminary confirmation of the novelty of the content of the application in the Chinese patent to prevent infringement of others' patent rights in China;
4)**。According to the original materials provided by the applicant, ** draft the application documents that comply with the provisions of the Patent Law, the Detailed Rules for the Implementation of the Patent Law, and the Examination Guidelines;
5) Acceptance. After receiving the application documents mailed or submitted, the State Patent Office shall send back the notice of acceptance;
6) Preliminary examination. The State Patent Office conducts a preliminary examination of the submitted application documents.
2. Legal basis: Article 22 of the Patent Law of the People's Republic of China.
Inventions and utility models for which a patent is granted shall be novel, inventive and practical.
Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.
Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.
Utility means that the invention or utility model can be manufactured or used and can produce positive effects.
For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.
2. What are the application conditions for invention patents?
1. The invention or utility model is novel, inventive and practical;
2. The invention for which the patent is applied is a new technical solution proposed for a product, a process or its modification;
3. The applicant is eligible;
4. Other application conditions for invention patents.
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Applying for a patent mainly includes the following process:
1. Go through the entrustment procedures with the patent ** institution and designate the patentee;
2. Submit the technical disclosure materials related to the patent application, communicate with the first person, and determine the technical theme;
3. Write the description, make multiple rounds of amendments, and start to determine the claims, abstract and other contents after finalization;
4. After all the application documents are ready, they can be formally submitted to the State Intellectual Property Office;
5. After receiving the notice of acceptance, wait for the notice of examination action from the examiner and make amendments accordingly;
6. After receiving the authorization notice, pay the announcement fee, annual fee and other fees in a timely manner;
7. After the patent is announced, the patent certificate shall be obtained.
We are the Jinan Representative Office of David Raven Intellectual Property ** Company in the United States, if you apply for a foreign country, you can find us, we can apply for a domestic one for free.
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Write down the specific embodiment of the invention, write a technical disclosure book--- find professionals or ** companies to supplement information and data, and reasonably extend the content of the invention to be protected--- write a good patent application document, submit it to the State Patent Office, and verify the time limit of various acts and the costs incurred--- substantive examination of the State Patent Office, patent authorization or rejection.
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It seems that the landlord has not applied before, it is recommended to find a ** company, he will tell you what to prepare, this is simple!
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You first need to determine that the invention is novel and practical through data retrieval and information collection, otherwise even if you apply for a patent, it will be invalid and waste money.
The second step is to determine whether to apply for an invention patent or a utility model patent.
The third step is to write a patent technology disclosure, which should include the patent description and claims, so that engineers in the industry can understand.
It is best to find a patent firm** to apply for business, which can save you trivial chores, and a professional intellectual property lawyer can provide legal advice for your patent description documents. Otherwise, it is easy for the patent to become invalid.
Invention patents can only be granted after substantive examination after submitting an application, while utility model patents can be granted as long as the documents meet the specifications.
Patent applications are accepted by the Intellectual Property Office.
It is recommended to take a look at the ** of the China Intellectual Property Office, on the one hand, you can search for existing patents to see if your idea is novel, and on the other hand, look at the drafting format of other patent specifications to accumulate experience.
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