Patent refers to an invention-creation. An application for a patent is filed with the Patent Office, and after being examined and approved according to law, the patent applicant is granted the exclusive right to enjoy the invention-creation within a specified time. Patent is a kind of property right or property right. Property can be divided into tangible property and intangible property. The most important intangible property is intellectual property, which is usually divided into two parts, namely industrial property and copyright. According to the Paris Convention for the Protection of Industrial Property, industrial property rights include patents, trademarks, service marks, manufacturers' names, source marks or names of origin, among which patent rights are the most important part.

Patent right is not natural, but a right granted by the government, which must go through the procedure of application-examination-authorization, and there are time and geographical restrictions.

The basic idea of modern patent system is to exchange technology disclosure for legal protection, which is the cornerstone of patent law legislation in all countries of the world.

Any of the following technical contents can be patented:

Various new products, machines, equipment, production lines, transportation tools, parts, components, tools, chemicals, medicines, compounds, compositions, product formulas, pesticides, veterinary drugs, electrical appliances, circuits, daily necessities, toys, microorganisms, gene fragments, protein.

Various new technologies, usage methods, manufacturing methods, communication, communication and e-commerce methods, detection methods, breeding methods, feeding methods and new uses.

Appearance, product packaging, product decoration, signs, marks, bottles, caps, patterns of flat products (such as bed sheets and wallpaper patterns) and colors of products.

First of all, clarify the ownership of patent right.

An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

For an invention-creation made by making use of the material and technical conditions of the entity, the entity shall sign a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right.

Second, define the types of patent applications.

Invention: refers to a new technical scheme proposed for a product, method or its improvement. The protection period is 20 years.

Utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The protection period is 10 year.

Appearance design: refers to the new design of the shape, pattern, color or their combination of products, which is aesthetic and suitable for industrial application. The protection period is 10 year.

Third, judge whether it meets the conditions for applying for a patent.

1. Novelty: refers to the fact that the same invention has not been published in domestic and foreign publications before submitting an application to the Patent Office; Has been publicly used in China, or otherwise known to the public. Before submitting the application, no one else has applied to the Patent Office for the same invention or utility model.

2. Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features or significant progress, and the utility model has substantive features and progress.

3. Practicality: It means that the invention can be manufactured in batches in industries such as industry and agriculture, or can be applied in industry or life, and can produce positive effects.

Four. Procedures and expenses of patent application

(1) Procedures for applying for a patent

1, the way to apply for a patent

Entrusted an agent to apply for a patent. The patent agency is a "bridge" between the applicant and the State Patent Office. The patent agent of a patent agency is an expert who has undergone professional training, specializes in patent agency business, and understands both technology and relevant intellectual property laws. Therefore, entrusting an agency to apply for a patent is the best choice for the applicant, which saves time, worry, effort and money, and greatly improves the success rate of obtaining a patent right. Of course, the applicant can also apply for a patent on his own.

2. Preparation of technical data

The technical materials provided by applying for a patent for invention or utility model include the following contents:

Invent and create names

Belonging to the technical field

technical background

All technical contents of the purpose of the invention (attached drawings shall be provided if any).

Apply for a patent for design, provide orthographic drawings or photos of the product, or directly provide the product in kind, and the agency will take photos or draw on its behalf.

(2) Fees for patent application

The patent application fee is divided into two parts, one is to pay the agency fee; The other part is to pay the related expenses of the State Patent Office (this part of the expenses can be reduced or exempted from the State Patent Office by the agency, and the maximum reduction ratio can reach 85%). The cost of patent application can be found on this website to check the cost of residential services.

(3) How to successfully apply for transfer:

There are many patent transfer websites on the Internet now. You can post information on these websites, which are generally free. Only after the patent transfer is successful can a certain service fee be charged.