I. Types of patents
China's patents are divided into three types: invention, utility model and design.
(1) Invention:Refers to the product, method or improvement of the proposed new technical solution.
(2) Utility models: refers to the shape, structure or combination of the product proposed suitable for practical new technical solutions.
(3) Appearance design:It refers to a new design of the shape or pattern of the product or its combination, as well as the combination of color and shape or pattern, which is aesthetically pleasing and suitable for industrial applications.
The term of protection of patent right for invention shall be 20 years, and the term of protection of patent right for utility model and design shall be 10 years, counted from the date of filing.
The application for a patent must meet the following requirements
(1) An invention-creation that does not violate the law or social morality or is detrimental to the public interest. Do not violate the provisions of laws and administrative regulations to obtain or use genetic resources.
(2) It does not fall within the scope of non-grant of patent right as provided for in Article 25 of the Patent Law.
(3) The applicant for a patent for invention or utility model shall possess novelty, creativity and practicality.
noveltyMeans that the invention or utility model does not belong to the prior art; Nor has any entity or individual filed an application with the patent administration department under The State Council before the date of filing for the same invention or utility model, which is recorded in the patent application documents published or published after the date of filing.
creativenessMeans that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress.
Practicality:It means that the invention or utility model can be manufactured or used and can produce positive effects.
(4) The application for a design patent shall not belong to an existing design; Nor has any entity or individual filed an application with the patent administration department under The State Council for the same design before the filing date, and it is recorded in the patent documents published after the filing date.
The applied design shall be clearly different from the existing design or the combination of features of the existing design; It must not conflict with the legal rights of others already acquired before the filing date.
Prior art (design) means the technology (design) known to the public at home and abroad before the date of application.
Third, the way to apply for patents
The applicant may entrust a patent agency to handle the patent application, or he may directly go to the Kunming Representative Office of the Patent Office of the State Intellectual Property Office or the Patent Office of the State Intellectual Property Office to handle the patent application.
Documents and requirements required for patent application
(1) Documents required for patent application
1. Invention patent: shall submit the invention patent request, description abstract, abstract drawings (when applicable), claims, specifications, specifications drawings (when applicable) and other documents, each in one copy.
2. Utility model patent: a utility model patent request, a description abstract, drawings attached to the abstract, claims, specifications, drawings attached to the specification and other documents shall be submitted in one copy.
3. Design patent: A design patent request, pictures or photos, brief description and other documents shall be submitted, each in one copy.
(2) Specific requirements
1. Request: It is the basis for determining three patent applications for invention, utility model or design, and the relevant content should be filled in according to the regulations.
2. Specification: A clear and complete description of the invention or utility model shall be made, subject to the ability of technicians in the technical field to achieve it.
(3) Claims: should be based on the specification, clearly and briefly define the scope of the claim for patent protection.
(4) Abstract and drawings attached to the abstract: The abstract shall briefly describe the technical points of the invention or utility model (limited to 300 words). Where there are drawings attached to the specification, a representative drawing shall be submitted as an abstract drawing.
5. Drawings attached to the specification: It is a necessary condition for utility model patent application. An invention patent application, if necessary, shall also be accompanied by drawings.
6. The relevant pictures or photos of the design patent shall clearly show the design of the product for which the patent protection is requested (where color protection is required, color pictures or photos shall be submitted). The brief description shall indicate the name, use and main points of the design product, and specify a picture or photograph that can indicate the main points of the design.
Seven. The forms formulated by the State Intellectual Property Office shall be used for filing patent application documents. All kinds of application documents shall be typed or printed, the handwriting in black, neat and clear, and shall not be altered, drawings shall be drawn with drawing tools and black ink, lines shall be uniform and clear, and shall not be altered. The text of the application document shall be written horizontally, and the paper shall be limited to one side.