Introduction Everyone has patents for the results of their intellectual labor, such as works, inventions, trademarks, geographical indications, trade secrets, etc. The law protects our intellectual property rights from infringement. As everyone's awareness of intellectual property protection increases, more and more individuals or companies are beginning to apply for intellectual property certification. So what is the intellectual property application process? Below, the editor of SmartView will introduce to you the application steps for various types of intellectual property rights. Let’s take a look together. Patent rights: What is an invention patent? New technical solutions proposed for products, methods, or improvements in products or methods can be applied for invention patents. The application fee is 900 yuan. Application conditions: Novelty: means that the invention does not belong to the existing technology, and no unit or individual has applied for the same invention to the patent administration department of the State Council before the application date, and it is recorded that it will be published after the application date. In patent application documents or published patent documents. Creativity: means that the invention has outstanding substantive features and significant progress compared with the existing technology before the filing date. Practicality: means that the invention can be manufactured or used and can produce positive effects. Application process 1. Apply for a patent to the Patent Office;
2. Submit the application, description, abstract, claims and other documents;
3. The Patent Office conducts preliminary examination;
4. Make an announcement;
5. Submit a substantive examination application to the Patent Office;
6. After passing the examination, an invention patent certificate will be issued, and it will be registered and announcement.
What is a design patent? You can apply for a design patent for a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. The application fee is 500 yuan. Application conditions 1. It must be a design of shape, pattern, color or a combination thereof.
2. It must be a design for the appearance of the product.
3. It must be aesthetically pleasing.
4. It must be suitable for industrial applications.
Application process 1. Patent application documents should include: design patent request, pictures or photos;
2. During the preliminary examination process, the examiner will focus on the features in the application documents. A notice of correction will be issued if there are formal issues;
3. After passing the preliminary examination, the examiner will issue a notice of grant of patent right;
4. After the applicant receives the notice of grant of patent right, After submitting the patent certificate, you need to pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the prescribed period;
5. The applicant can obtain the patent certificate after completing the registration procedures.
What is a utility model patent? You can apply for a utility model patent for new technical solutions that are suitable for practical use based on the shape, structure or combination of the product. The application fee is 500 yuan. Application conditions: Novelty: means that the invention does not belong to the existing technology, and no unit or individual has applied for the same invention to the patent administration department of the State Council before the application date, and it is recorded that it will be published after the application date. In patent application documents or published patent documents. Creativity: means that the invention has outstanding substantive features and significant progress compared with the existing technology before the filing date. Practicality: The editor of 51Dongshi understands that the invention means that the invention can be manufactured or used and can produce positive effects. Application process 1. Submit the request, description, claims, description drawings, and summary information documents;
2. The examiner will examine whether it is a client protected by a utility model patent, and the applicant will review the application. Solve the problems raised by the patentees;
3. During the authorization stage, the applicant also needs to pay the patent registration fees, annual fees and other expenses.
What is a trademark right? A trademark right is the right enjoyed by a civil subject to exclusively use a specific mark on specific goods or services for the purpose of distinguishing the source.
Classification 1. Product trademarks and service marks
2. Collective trademarks and certification marks
3. Joint trademarks and defensive trademarks
4. Registered trademarks and unregistered trademarks Trademark
5. Well-known trademark
The application fee is 300 yuan (limited to 10 products in this category. For more than 10 products, for each product exceeding 1, an additional 30 yuan will be charged for each product)
Application conditions 1. Have legal constituent elements;
2. Have distinctive features and be easy to identify;
3. Legally acquired property that has not been obtained previously with others. Conflict of rights, etc.
Application process 1. Trademark pre-inquiry;
2. Provide valid certification documents of the trademark applicant;
3. The staff will issue a trademark application form and The power of attorney will be signed or stamped by the trademark applicant;
4. Handle the application fee and submit the trademark registration application to the Trademark Office;
5. Review of the trademark registration form, trademark Registration substantive review;
6. Announcement of the preliminary review of trademark registration, publication of registration announcement, and issuance of registration certificate.
What is copyright (copyright)? 51 Editor Dongshi learned that copyright is the modern name for copyright, which refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. Types of works 1. Written works
2. Oral works
3. Music, drama, folk art, dance, acrobatic art works
4. Fine arts and architectural works
5. Photographic works
6. Audio-visual works
7. Graphic works and model works such as engineering design drawings, product design drawings, maps, and schematic diagrams
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8. Computer software
9. Other intellectual achievements that meet the characteristics of the work
The application fees vary from agency to agency, and the copyright varies from region to region.
Application conditions According to the provisions of my country's Copyright Law, copyright is automatically generated from the date of completion of the creation of the work, without any approval or registration procedures. In addition, regardless of whether the work is published or not, copyright protection can be obtained as long as the work has been created.
1. As long as a specific thought or emotion is given a certain literary and artistic form, whether this form is the entire work or a part of it, it does not matter whether the work has taken a certain material form and is fixed. , can be considered protected works according to law.
2. In addition to meeting the general conditions of being a work, that is, being expressed in a certain literary and artistic form, this form is also required to be fixed through a material carrier in order to obtain protection under copyright law.
Application process 1. Materials that should be submitted for work registration: application for work registration, identity document of the author or other copyright holder, document proving ownership of the copyright of the work, description of the work, letter of attorney for the agent and his/her identity certificate Documents (copies);
2. Fill in the "Work Registration Form" and "Guarantee of Rights" and pay the work registration fee;
3. The work registration authority receives the work registration application After submitting the materials, verification will be carried out in accordance with regulations, and the verification period will be one month;
4. Works that meet the conditions after verification will be issued a work registration certificate by the work registration authority, and will be issued a work registration certificate through relevant copyright information publications and the work registration authority established by the work registration authority. Announcement will be made on the website.
What is software copyright? It refers to the various exclusive rights enjoyed by software developers or other rights holders in accordance with relevant copyright laws for software works. Rights Content publication rights, signature rights, modification rights, reproduction rights, distribution rights, rental rights, information network dissemination, translation rights, and other rights. The application fee is 250 yuan. Application conditions 1. The applicant for software copyright registration shall be the copyright owner of the software as well as the natural person, legal person or other organization that inherits, assigns or inherits the software copyright.
2. The software applied for registration should be independently developed, or be modified with the permission of the original copyright holder to significantly improve the function or performance of the original software.
3. When registering copyright for jointly developed software, all copyright owners can negotiate and determine one copyright owner as their representative. If the copyright owners disagree, any copyright owner may apply for registration without harming the interests of other copyright owners, but the other copyright owners must be noted.
Application process 1. Fill in the basic software information collection form;
2. Provide part of the source program (electronic version): Provide part of the source program of the WORD electronic version of the software (the first 2,000 lines) The last 2000 lines and the final 4000 lines, the last page is the software exit code);
3. Provide manual (electronic version): Depending on the different types of software, you need to provide the WORD version of the software Use the operation manual or software design manual;
4. Submit for review;
5. Copyright Center review: After the initial review is accepted, the review will take 31-35 working days, about 45-50 days The review results will be published and announced in about three days;
7. Announcement of certification.
What is the new plant variety right? It is a type of industrial property right. It refers to the exclusive right to use the authorized varieties that the unit or individual who has completed the breeding enjoys in accordance with the law. Application fee The application fee for protection rights for each new plant variety is 1,000 yuan. Application conditions 1. The new variety to be applied for rights should belong to a genus or species of plants listed in my country’s list of plant variety protection.
2. The new variety for which variety rights are applied for has a certain degree of novelty.
3. The new plant varieties that are to be granted full varieties should have their own consistency.
4. The new variety for which variety rights have been applied for should have a certain degree of stability.
5. The new variety for which variety rights have been applied for must have its own more appropriate name, and it must also be somewhat different from the names already obtained by its own or similar genus or species.
Application process 1. Submit the corresponding application documents, including request for new plant variety rights, instructions and photos;
2. Apply directly to the State Forestry Administration, or you can entrust the state The agency designated by the Forestry Administration shall apply on behalf of the applicant;
3. The protected species applied for by the applicant will be announced in a written announcement issued by the State Forestry Administration or online;
4. The applicant will obtain new variety protection rights.
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