Detailed steps and fees of the patent application process

Detailed steps and fees of the patent application process

program

 

 (1) Principles for granting patents:

 

        According to the basic principles of patent law, only one patent right can be granted for the same invention. When two or more people file separate patent applications for the same invention, there are two handling principles: one is the first-to-invent principle, and the other is the first-to-apply principle. The first-to-invent principle means that if two or more people apply for a patent for the same invention, the patent right should be granted to the person who first made the invention, regardless of the time of filing the patent application. However, when adopting this principle, many practical difficulties are often encountered in determining who is the first inventor. Therefore, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle of patent application. The so-called first-to-apply principle means that when two or more people file applications for the same invention respectively, regardless of the time of making the invention, the time of filing the patent application shall prevail, that is, the patent right shall be granted to the most Whoever applies first, China and most countries in the world adopt this principle.

(2) Patent examination procedure:

        Countries have different requirements for the examination of patent applications, and basically implement two different systems. Some countries implement a formal examination system, which only examines whether the form of the patent application meets the requirements of the law, and does not examine whether the invention meets the substantive conditions such as novelty. Some countries implement a substantive examination system, that is, not only examines the form of the application, but also conducts a substantive examination on whether the invention has the conditions of novelty, advancedness and practicality. China and most countries in the world adopt the substantive censorship system.

How to handle

(1) Entrust a nationally recognized patent agency to handle the application.

(2) The applicant should go directly to the State Patent Office of China for application.

 

process

(1) Application for an invention patent

1. Approval process of invention patent application Patent application - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization

2. Documents required to apply for an invention patent

1) Request: including the name of the invention patent, the name of the inventor or designer, the name and name of the applicant, address, etc.

2) Description: including the name of the invention patent, the technical field to which it belongs, the background technology, the content of the invention, the description of the drawings and the specific implementation.

3) Claims: describe the technical features of the invention, and clearly and briefly describe the content of the claimed protection.

4) Drawings in the description: Invention patents often have drawings. If only words are enough to describe the technical solution clearly and completely, no drawings are required.

(2) Utility model patent application

1. Utility model patent application approval process Patent application—acceptance—preliminary examination—announcement—authorization

2. Documents required to apply for a utility model patent

1) Request: including the name of the utility model patent, the name of the inventor or designer, the name and name of the applicant, and the address, etc.

2) Description: including the name of the utility model patent, the technical field to which it belongs, the background technology, the content of the invention, the description of the drawings and the specific implementation. The content of the description should be written in detail, and the technical content described should be based on what a person of ordinary skill in the technical field can realize after reading.

3) Claims: describe the technical features of the utility model, and clearly and briefly describe the content of the claimed protection.

4) Drawings in the description: A utility model patent must have accompanying drawings. 5) Description of the abstract: clearly reflect the technical problem to be solved by the invention, the main points of the technical solution to solve the problem and the main purpose

(3) Application for a design patent

1. The process of applying for a design patent Patent Application - Acceptance - Preliminary Examination - Announcement - Authorization

2. Documents to be submitted for a design patent

1) Request: including the name of the design patent, the designer's name, the applicant's name, name, address, etc. Design pictures or photos: at least two sets of pictures or photos (front view, rear view, top view, bottom view, left view, right view, if necessary, provide a three-dimensional view) Brief description of the design: If necessary, a brief description of the design should be submitted.