Patent application steps

1. Principles of applying for patents

Principles of applying for invention and utility model patents

According to Article 1 of my country’s Patent Law Article 31 stipulates that “an invention or utility model patent application shall be limited to one invention or utility model.” That is, application for patents for inventions and utility models must adhere to the principle of one patent for one invention (or one utility model).

Principles of applying for a design patent

According to the provisions of my country’s patent law, when applying for a design patent, the principle of one design, one patent should generally be followed.

2. Preparation before applying for a patent

Learn and be familiar with the patent law and its implementation details, understand what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent.

Conduct a more detailed investigation into whether the project to be applied for patent is patentable.

Applying for a patent needs to be carefully considered from the perspective of market economy.

Understand the writing format and writing requirements of patent application documents, how to submit patent applications, fees and brief approval process.

Other matters that should be paid attention to before applying

In order to ensure the novelty of the patent application, the applicant should keep the application content confidential before filing the patent application.

3. Documents that should be submitted when applying for a patent

(1) Documents that should be submitted when applying for an invention or utility model patent

1. Letter of request

(1) The name of the invention or utility model;

(2) People and institutions related to the invention and patent application;

(3) Application documents and List of additional documents;

(4) Other matters.

2. Instructions

First of all, the instruction is a technical document, the most important part of the patent application document, and the core document for patent application; secondly, the instruction is a legal document. In practice, whether the description is well written or not will affect whether the patent right can be obtained; thirdly, the main content of the description should include the following eight aspects: the name of the invention or utility model, the technical field to which the invention or utility model belongs, Useful background technology, the purpose of the invention or utility model, the content of the invention, the advantages and positive effects of the invention, the relevant drawings and descriptions, the examples and best implementation plans of the invention or utility model.

3. Claims

The claims are used to determine the scope of patent protection requested by the applicant, that is, to once again state the technical features of the invention or utility model in a concise way.

4. Abstract

The abstract is a brief description of the contents of the instruction manual.

(2) Documents to be submitted when applying for a design patent

Request letter

The request letter is the applicant's desire to request the grant of patent rights to the Patent Office. document.

Pictures or photos

In order to clearly and accurately display the object of the requested protection, the applicant may submit pictures or photos of each design from different angles, different sides or different states.

IV. Application date and priority date

(1) Application date

After the patent applicant submits the above documents to the Patent Office, it indicates that the patent applicant A patent application was formally filed. After receiving the application documents, the Patent Office shall specify the filing date, give the application number, and notify the applicant.

(2) Priority date

Priority is a right stipulated in the Paris Convention for the Protection of Industrial Property. That is, when applying for industrial property rights such as patents or trademarks, each contracting country must Mutual recognition of the priority rights of nationals of the other country. The date on which the application is first filed is the priority date.