Patent application process
1. Consult;
2. Search; You can search on the Internet yourself, or you can entrust the company to search, the cost depends on different circumstances;
3. Submit technical disclosure documents for inventions and utility models, submit pictures or photos for designs, or samples or models;
4 After confirming that you can apply for a patent, sign the Patent Agency Letter, sign the Patent Application Agency Contract, and pay the agency fee.
To apply for a patent for invention or utility model, a technical disclosure letter must be submitted
(1) The requirements of the technical disclosure letter: the content of the invention or utility model should be clearly and completely stated; Enable ordinary technicians in the technical field to implement invention-creation according to this content; The above persons are convinced that the invention can indeed solve problems that cannot be solved by prior art.
2. Contents of the technical disclosure book
1) The name of the invention;
2) Technical field;
3) Background technology: describe the existing technology that is closest to the invention scheme known to the applicant, and make objective comments on its existing problems or shortcomings;
4) Technical problems to be solved by invention and creation;
5) Clearly and completely describe the technical solution of the invention and creation; For the invention and creation of mechanical products, the shape, structure, connection relationship, spatial position relationship and working principle of each structural component should be explained in detail; For electrical products, the composition and connection of electrical components should be described; For products without fixed shape and structure, such as powder or fluid products, chemicals, drugs, should describe their components and content, manufacturing conditions and process flow; For the invention of the method, the operating steps, process parameters, etc., should be described;
6) Compared with the prior art, the invention has advantages and beneficial effects, such as performance improvement, cost reduction, etc.
7) Drawings: The utility model must be provided with drawings, and the components in the drawings can be marked, and the dimensions and parameters need not be marked.
8) To optimize the specific embodiments (may be co-written with Part 5) : for the product invention shall describe the product composition, circuit composition or chemical composition, the relationship between the parts, the working process or operating steps; For the method invention, the steps, parameters, process conditions, etc., can provide a number of specific implementation methods. Before applying for a patent, it is advisable to conduct a search in order to determine which of the invention's contents are "prior art". If the content to be applied for is already recorded in the patent literature or other public publications searched, it may affect the licensing prospects of the application. In addition, even if it is not documented, if others can determine that this is common knowledge in the field, it will lead to the rejection of the patent application. The benefits of patent search A careful understanding of what is prior art will help the applicant to make a judgment on whether to apply for a patent and to write a patent application document. The "background technology" section of the specification is to include the nearest prior art, and for utility model patents, it is usually necessary to provide drawings of the background technology, so that the examiner and the public can clearly understand the substantial improvements and advantages of the invention. Inventions and utility models: requests, descriptions and abstracts thereof, claims; Drawings may be attached to the invention if necessary, and drawings must be attached to the utility model; For an application for invention involving new biological materials, proof of preservation and proof of survival shall be submitted; Where nucleic acid or amino acid sequences are involved, machine-readable text of the sequence table should be submitted.
Appearance design: request, picture or photograph; Specify the product using the design and the category to which it belongs; To request protection of color, submit color pictures or photos; If necessary, write a brief description of the design; A brief description should indicate design points, omitted views, colors to protect, etc. Patent examination A patent application will receive a notice of acceptance after it has been submitted to the State Information Office and will be examined after the full fee has been paid. Patent examination is divided into preliminary examination and substantive examination, the latter only for invention patents. The patent examination process generally lasts 1-3 years, depending on the type of patent and the content of the invention. Utility model and design patents are authorized after preliminary examination, and invention patents that pass the preliminary examination will be issued a preliminary examination notice of qualification, waiting to enter the substantive examination. At the examination stage of a patent application, the applicant does not have the right to prevent the infringement of his rights by others. However, after the invention patent is published (usually 18 months from the patent filing date), the applicant can ask the infringer to stop the infringement and pay an appropriate royalty, and the infringer can refuse. After the patent is granted, the applicant can pursue the infringement liability to the infringer through judicial procedures and ask for compensation. Substantive examination of invention patent The substantive examination of invention patent is carried out in the actual examination department of the Patent Office. The examiners evaluate the "novelty", "creativity" and "practicality" of the patent application by searching domestic and foreign patent literature and public publications. At the same time, they also review whether the patent documents are written in accordance with the requirements, such as whether they are "single" and whether they are "fully open". Whether to "modify out of scope" and so on. Substantive examination must be carried out after the publication of the invention, the law stipulates that the publication is carried out 18 months from the date of application, and some applicants are willing to disclose their invention content in advance, so there will be patent applications in 6-10 months when the public. Usually, the examiner in the real trial stage will issue at least one notice of review opinion to the applicant or his agent, which can reflect the possibility of the invention being authorized and the defects. Review comments generally include formatting errors, novelty issues, creativity issues, sufficient disclosure, unitary issues, and so on. The time for substantive examination of a patent is uncertain, generally 6-18 months, depending on the content of the invention, the examiner's understanding of the invention and the work arrangement of the examiner, and the time for the examination of documents between the examiner and the applicant or his agent.
