Applying for a patent can be divided into three types: invention, utility model and design. New technical solutions proposed for products, methods or improvements can be applied for invention patents; new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use can be applied for utility model patents; for the shape of the product , patterns or their combination, as well as the combination of color, shape, and pattern to create a new design that is aesthetically pleasing and suitable for industrial application, you can apply for a design patent.

When applying for invention patents and utility model patents, the application documents include: patent request, specification, description drawings, claims, abstract and drawings, each in duplicate.

Writing patent application documents

Applicants usually hire practicing patent attorneys to help with patent applications. After both parties sign an entrustment agreement, the applicant generally provides patent disclosure materials, and the agent bases the disclosure on The content of the material is documented. Patent application documents include the description, claims, drawings, abstract, etc. The claims are the legal documents that determine the scope of patent protection. Other documents disclose the invention in detail and give text about the scope of protection of the claims. and substantial support.

Search before patent application

Before applying for a patent, it is best to conduct a search to determine which invention content belongs to the "prior art". If the content to be applied for has been recorded in the searched patent documents or other public publications, it may affect the prospect of authorization of the application. In addition, even if there is no documentation, if others can determine that it is common knowledge in the field, it will lead to the rejection of the patent application.

Writing patent application documents

Inventions and utility models: request, description and abstract, and claims; inventions may have drawings as needed, and utility models must have drawings; For invention applications involving new biological materials, deposit certificates and survival certificates should be submitted; if nucleic acid or amino acid sequences are involved, the machine-readable text of the sequence listing should be submitted.

Appearance design: request letter, pictures or photos; state the products using the design and its category; if requesting color protection, submit color pictures or photos; if necessary, state the rights to the design Brief description; the brief description should indicate the key points of the design, omitted views, colors to be protected, etc.

Submit patent application documents to the Patent Office

The China Patent Office will review the patent application documents. During the review process, the patent agent will make patent corrections, opinion statements, defenses, and changes. Waiting for work. If necessary, the applicant should cooperate with the patent agent to complete the above work

Patent Office review conclusion

The China Patent Office will make an authorization or rejection review conclusion based on the review situation. This process The time is generally: about 6 months for appearance design, about 6-8 months for utility model, and one and a half to 2 years for invention patent. (After a certain period of time from the date of filing the application), it will be published and temporary protection will be granted; within a certain number of years after the publication (3 years in my country), the applicant requests the Patent Office to conduct a substantive examination. If the substantive examination is not requested within the time limit, it will be regarded as To withdraw the application. )

Going through patent registration procedures or reexamination requests: If the patent application is authorized, go through the registration procedures and receive a patent certificate according to the requirements of the patent authorization notice.

If the patent application is rejected, whether to file a reexamination request will be determined based on the specific circumstances. At this point, the patent application process ends.

If you don’t know how to apply, you can ask us: