If you apply for a patent for your invention, it should be a patent for utility model. If you apply for this patent yourself, the total cost (including all costs) is about 100-200.
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You can obtain the Patent Application Document from China National Intellectual Property Administration Patent Office (free of charge), or download it from China National Intellectual Property Administration's website (website: /sipo/zlsq/zlsqbg/default.htm). As for all the application documents, since the invention patent is different from the utility model patent, you should first ask China National Intellectual Property Administration what kind of invention your invention belongs to (the consultation method is as follows), and then directly ask him what application documents he needs and the address of the patent office.
I suggest you search for patents first (China National Intellectual Property Administration patent search website: /sipo/zljs/default.htm). You can learn how to use it slowly by clicking on the "Instructions for Use" below. If you find the same patent after searching, you can apply! But you must first make sure that someone is willing to pay for your invention (few people are willing to pay for an idea now unless your patent is monopolistic), because it costs money to apply for a patent. There are many applications for patents now, but only a few can be sold.
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The following is the relevant information:
The core of the patent system is to make use of technological achievements to open to the public in exchange for the monopoly right in a certain region and time. Therefore, whether the patented technology is easy to form a monopoly and whether it is easy to be protected determines whether the technological achievements are suitable for patent application.
China's patent law stipulates that the technical scheme in the specification must be clear and complete, on the premise that the technical personnel in the technical field can implement it smoothly, that is, the patent must be fully disclosed. In some patent applications, due to the applicant's reservations about the key issues in the technical scheme, the patent application lost its patentability and was rejected by the Patent Office. If it is really necessary to keep a technical secret, on the basis of complete and necessary technical features, there should be at least one way to realize invention and creation, and another better characteristic way should be kept as a technical secret. However, this method should not be too clever to avoid making mistakes. If others find this and get a patent, it will in turn restrict your product technology. If it is indeed a unique technical secret, there is no need to apply for a patent. For example, the Coca-Cola beverage in the United States and the secret recipe of traditional Chinese medicine handed down from China are monopolized by me without applying for a patent on the premise of not losing it. The first condition of adopting this method is that it can be realized independently.
An invention-creation that can be patented needs to meet various conditions, including the format requirements, content requirements and various procedures of patent application documents that meet the requirements of the patent law. In order to avoid and reduce the waste of the applicant's time, manpower, material resources and financial resources, the patent applicant should make full preparations before filing an application.
1, familiar with the patent law and implementation details. It is necessary to know in detail what the patent law protects, who to protect, how to protect, and the rights and obligations of the patentee.
2, the patent application project should be fully technical investigation. If at the beginning of determining the research and development topic, all aspects of investigation and research have been carried out, and the research and development plan, route progress and achievements of this topic have been made clear, ranking first among peers, then there is no problem in applying for a patent. If this technical investigation process is lacking, or the investigation is insufficient, it is necessary to supplement and collect technical data, and decide whether to file a patent application on the premise of widely understanding the existing technical situation, so as to minimize the blindness of patent application. The collection of technical data mentioned here refers to the investigation and understanding of the existing technology in the technical field invented by oneself, including the history and present situation of this technical field. Therefore, it is necessary to consult patent literature and non-patent literature, including authoritative journals and monographs in the past, and also to investigate the technological progress in the domestic market and the same industry. This is a very detailed and tedious work, but at least we should consult the patent literature in the technical field to which the invention belongs.
3. To participate in the appraisal meeting or technical meeting of new technologies and new products organized or held by the State Council state-owned competent departments or national academic organizations, in order not to lose novelty, an application for a patent shall be filed in accordance with the provisions of Article 24 of the Patent Law within 6 months after the conclusion of the appraisal meeting or technical meeting.
4. It needs to be seriously considered economically. The applicant should predict the economic benefits of his invention and creation, estimate the possibility and scope of his technological development and the situation of the technology market and commodity market, so as to clarify the conditions for implementation and technology transfer after obtaining the patent right, and the economic benefits that can be obtained in implementation and technology transfer, so as to comprehensively measure the economic feasibility of applying for a patent.
5. Understand the writing format and requirements of patent application documents, and be familiar with the writing skills of instructions and claims. Of course, if you decide to invite a patent agent, you don't need to know much.
6. When filing a patent application, the confidentiality issue shall be handled in accordance with the detailed rules for the implementation of the Patent Law. Patent applications involving national security that need to be kept confidential by all units of the national defense system shall be handled by specialized agencies. Where an application for a patent for invention of a civil product and its production method may cause great losses to the national economy after its publication, it may put forward suggestions for confidential examination. However, this proposal should be put forward after fully considering the results of the disclosure or implementation of the invention. Once it is treated as a confidential patent, it will not be made public, the transfer and implementation of the patent will be directly affected, and it will be difficult for the applicant to obtain economic benefits. In addition, there are no secret patents for utility models and designs.
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Patent for utility model (utility model refers to a new practical technical scheme for the shape, structure or combination of products): the total cost of self-application is about less than 200 yuan (the application fee is deferred), and the patent office is requested to represent about 1 000 yuan. Generally, it can be authorized within six months to one year (national protection of utility model patents 10 years, authorization is better, but the scope of protection is narrower than that of invention patents).
Invention patent (invention refers to a new technical scheme for a product, method or its improvement): the total cost of self-application is about 600 or less (the application fee is deferred), and the patent office is requested to act as an agent for about 3000 or less. Generally, it can be authorized in about 3 years (the invention patent is protected by the state for 20 years, and there is no utility model patent authorization, but the protection scope is wide).
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If you are a person with outstanding personal ability, you can apply for a patent by yourself (see China National Intellectual Property Administration website: /sipo/default.htm for relevant contents), which will save a lot of money, but only if you thoroughly understand the Patent Law and its implementation rules, and learn enough knowledge from other patent documents to write your own patent application materials (the emphasis is on the description and claims, among which the writing of the claims is the most important, because it directly affects your authorization. If you are not sure about yourself, I suggest you apply to the patent office!
If you don't know anything about applying for a patent, you can consult in the following ways;
China National Intellectual Property Administration Tel: 0 10 62083879, 0 10 62083966, 0 10 62083457.
Working hours (working days):
8: 30 am-165438+0: 30 pm: 65438+0: 30 pm: 4: 30 pm.
China National Intellectual Property Administration information desk:/sipo//SIPO /sipo/zxt/default.htm
Working hours: working days
In addition, we provide you with two websites with rich patent knowledge:
The Network of Invention and Implementation: patents.com/
Patent-related matters are more complicated, and it is even more complicated to apply for a good patent, so I won't make it clear here. I suggest you go to China National Intellectual Property Administration website to study it carefully, because the explanation of patent-related matters here is the most authoritative. If you don't understand anything, you can consult China National Intellectual Property Administration more, so it's good to apply for a patent in the Patent Office or by yourself.
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Reminder: If you decide to apply for a patent yourself, you must go to China National Intellectual Property Administration's website and search for patent documents related to Patent Application, Patent Law, Detailed Rules for the Implementation of Patent Law, Patent Examination and Patent Retrieval (1. Use patent search to avoid conflicts with your own patent application. 2. Use patent search to find relevant patent documents for learning, and see how others write patent materials, so as to write their own patent application documents), and study carefully. If you don't understand, you should always consult the China National Intellectual Property Administration Consulting Office. Never write casually, because once the patent application document is submitted, it will be difficult to modify it!