1. general principles of patents

1. principle of request: a patent application must be filed before the patent office can accept it;

②. Written principle: all procedures submitted shall be handled in written form; And signed or sealed by the applicant; The application documents must refer to the form with uniform format stipulated by the Patent Office.

③. Principle of first application: If two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant.

④. Principle of priority: refers to that the applicant has filed a patent application for the same subject with the Patent Office within 12 months from the date when the invention or utility model was first filed in China (but no patent right was granted). You can enjoy the domestic priority.

⑤. Uniqueness principle: it is not allowed to put two different inventions or utility models in the same patent application, nor to put two designs of a product or two or more designs of products in one patent application. However, the following situations can be put forward in one patent application: a. A product and its manufacturing method; B. a product and a mold for manufacturing the product; C. two products that must be matched with each other to be used; D. Several technically related products or a product under the general technical concept have different embodiments.

2. Documents to be submitted when applying for a patent (documents must refer to the unified table style stipulated by the Patent Office)

①. Documents required for applying for a patent for invention: a request for a patent for invention; Instructions; Claims; Summary of instructions; Attached drawings can be submitted at the same time with the attached drawings. The above documents are required in duplicate. Where it is required to slow down various patent fees, two requests for fee reduction may be submitted at the same time.

②. Documents required for applying for a patent for utility model: a request for a patent for utility model; Instructions; Claims; Summary of instructions; Attached drawings of instructions; Abstract attached drawings. The above documents are required in duplicate. Where it is required to slow down various patent fees, two requests for fee reduction may be submitted at the same time.

③. Documents required for applying for a patent for design: a request for a patent for design in duplicate; Design drawings or photos in duplicate; Where color protection is required, two drawings or photos in color and black and white shall be submitted; Brief description of design in duplicate; Where it is required to slow down various patent fees, two requests for fee reduction may be submitted at the same time.

The above documents must be printed (typed or printed in Song style or imitation Song style with No.4, No.4 or No.5, and the handwriting must be black and clear; The paper is A4 printing paper or copy paper; The position of the center of the article: leave a margin of 2.5 cm from the top and left of the paper, and leave a margin of 1.5 cm from the right and bottom), and all adopt the table format specified by the Patent Office.

3. Writing of patent application documents

A. Writing of request: fill in according to the contents and tips of the form.

B. Writing of instructions: discuss the steps one by one according to the name of the invention or utility model, technical field, background technology, purpose of invention and creation, technical scheme, beneficial effects, further explanation with attached drawings and specific implementation methods.

C. writing of claims: independent claims and dependent claims should be divided based on the specification. When there are multiple claims, they should be numbered in Arabic numerals in sequence. In general, the first claim is an independent claim, and the rest are dependent claims. If the technical features in the independent claims need to be further defined, they are dependent claims. An independent claim is usually divided into a preamble part and a characteristic part. A. Preface, indicating the title of the subject to be protected and the necessary technical features with the existing technology; B. In the characteristic part, use "characterized by ....." or similar terms to indicate the unique technical characteristics different from the existing technology. Together with the characteristic part, the preamble part constitutes the scope of the patent application.

the writing of dependent claims includes a quoting part and a defining part. A. Citation part: indicate the number of the cited claim and its subject name; B limited part: specify the additional technical features to be protected.

D. Drawing the attached drawings of the instruction manual. The patent for utility model must have attached drawings; Invention patents generally have drawings, but if only words are enough to clearly and completely describe the technical scheme, there may be no drawings.

The attached drawings can take many forms: a. Various views can be used to reflect the shape and structure of products for inventions and creations in the mechanical field. B. Inventions and creations in the field of electrical appliances can be circuit diagrams, block diagrams and schematic diagrams; C. For inventions in the chemical field, the chemical structural formula can be used as the attached figure; D. For the method invention, the attached drawing may be a process flow chart showing each step of the method. Requirements of the attached drawings: a. The attached drawings shall conform to the national standards for mechanical drawing, that is, drawing tools (or computer drawing) shall be used to draw in black ink, the lines shall be uniform and clear, the drawing surface shall not be colored, no borders shall be added around the drawing, and pencil pens shall not be used to draw, but the attached drawings need not be marked with scale and size data. B the size and clarity of the attached drawings shall ensure that when the drawings are reduced to 4×6 cm, all the details in the drawings can still be clearly distinguished and meet the requirements of photographic plate making; C several drawings of the same patent application can be drawn on the same piece of paper with a special format, numbered sequentially with Arabic numerals, and expressed in the form of "drawing ×××". D. Where there are multiple pages of drawings in the same patent application, Arabic numerals shall be used to continuously write the page numbers; E. The reference marks used in the same patent application must be consistent, and the marks not mentioned in the specification shall not appear in the drawings; F the attached drawings shall not contain other notes except necessary words.

e. writing of the abstract of the specification: a. the abstract shall specify the technical field to which the invention or utility model belongs, the technical problems to be solved, the main technical features and uses. For the product applying for utility model, the characteristics of its shape, structure or combination shall be written. It should not be written as an advertisement or a simple product function introduction; B. the abstract should not be titled, but can be written continuously; C For inventions in the field of chemistry, the abstract may include one of the applied chemical formulas that best describes the characteristics of the invention. Abstract can also include mathematical formula or reaction formula. D. The abstract shall not be segmented, and the full text shall not exceed 2 words.

F. Drawing of abstract drawings: If there are drawings in the specification, a drawing which can best explain the technical features from the drawings in the specification shall be submitted separately as the abstract drawing. The size and clarity of the drawing shall ensure that all the details in the drawing can be clearly distinguished when the drawing is reduced to 4×6 cm.

4. Writing of application documents for design patent

When applying for a design patent, you should submit: a request for a design patent; Design drawings or photos; When necessary, a brief description of the design shall also be submitted.

the design drawings or photos should be the drawings or photos of different sides or states of each product, and generally there should be six views (front view, bottom view, left view, right view, top view and back view), and if necessary, there should also be sectional views, sectional views, service state reference drawings and three-dimensional views.

a. Design drawing or photo A. The size of the drawing shall not be less than 3× 8cm, nor greater than 145× 22cm, and the clarity of the drawing shall ensure that every detail in the drawing can still be clearly distinguished when the drawing is reduced to two thirds. B. Black ink and drawing tools shall be used for drawing, and the lines shall be even and clear. Do not use pencils, round pens or pens for drawing. The lines shall be even, clear and continuous, which is suitable for copying requirements. C. Graphics shall generally be arranged vertically and drawn in proportion to the design size. When horizontal layout is required, the upper part of the figure should face the left of the drawing. D center line, dimension line and shadow line are not drawn in the drawing, and generally there are no dotted lines or marked lines. There must be no characters, trademarks, service marks, quality marks and portraits of modern people in the graphics. Artistic words can be regarded as patterns. E. It is best to draw several views on one page of drawings. If it is impossible to draw, it can be multiple drawings, but the pages should be numbered in sequence. All directional views and other kinds of drawings should be drawn according to the projection relationship, and the name of the view should be indicated. F. Paper for drawing color pictures should be drawn with thick drawing paper and then pasted on the document paper of "design drawings or photos" in standard format. G. the size of the photo should be the same as the requirements of the drawing. H the photos shall not be folded and pasted on the document paper of "design drawings or photos" according to the view relationship, leaving at least 2.5cm on the left side and top, and 1.5cm on the right side and bottom.

B. brief description of design

brief description is a brief explanation and supplement to design drawings or photos. There must be no commercial propaganda language, nor can it be used to explain the purpose and performance of the product. The brief explanation should be concise and easy to understand. In any of the following cases, there should be a brief explanation:

a. Omitted views: when the design product is symmetrical left and right, up and down, and front and back, one view can be omitted, but it should be explained in language, such as "the left view and the right view are symmetrical (the same), and the right view is omitted". In addition, the product does not belong to the direction of the creative part, and the view can also be omitted, for example, "The bottom of the product does not belong to the creative part, and the bottom view is omitted".

B. Highlight the main creative parts. If the design is complicated, the existing design parts and innovative parts are not easy to be noticed, the main creative or design points can be stated to strengthen patent protection. For example, the appearance design of desk lamp, its innovation only involves lampshade, and other parts are existing designs, which should be explained.

C. Supplementing the contents that are difficult to express in the picture or photo: If the product appearance or part of the appearance is made of transparent material and "transparency" cannot be expressed in the picture, a marking line can be drawn out in the transparent part of the picture or photo, and A, B, etc. are indicated as transparent parts in the brief description.

D. when the drawings or photos only show parts of the product: for longer products, such as profiles and I-beams, a length can be drawn, and the total length and length-width ratio of the product can be explained in a brief description. Some textiles, such as carpets, can be omitted from the top, bottom, left and right, and only local patterns and lines need to be drawn, but their length and width dimensions should be stated in the brief description.

e. if the effect of the design product is related to the special materials manufactured, the materials shall be indicated in the brief description.

F. For design products that need to be protected in color, in addition to providing two sets of color and two sets of black pictures or photos, the color that should be protected for this product should also be stated in a brief description.

g. for newly developed products, especially those that are not listed in the classification table of design, the use method and purpose of the products should be clearly stated in the brief description, so as to clarify the protection category and the supplementary classification table of the Patent Office.

5. Mitigation of application fee and other expenses

At the same time as submitting the patent application documents, the "Request for Fee Mitigation" can be submitted together, and the reasons for mitigation should be stated in the request for fee mitigation. If an individual applies for mitigation, the annual income should be stated, and if two people apply together, the annual income of each person should be stated; Indicate all kinds of expenses that are required to be slowed down. There are five kinds of fees that can be reduced: application fee, examination fee, maintenance fee, reexamination fee, and annual fee for the first three years after patent approval. At the same time, it can be proposed to slow down the above five expenses.

6. Submission of patent application documents

Patent application documents can be submitted directly to the Patent Office or sent by registered mail through the post office. The application documents are generally not allowed to be folded, and should be sent by registered mail in an envelope that can hold A4 paper. But the best way is to send it by express mail through the post office.

Address of the State Patent Office of China Intellectual Property Office:

(188) No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing

Patent application documents are submitted or registered by post to: Patent Acceptance Office of China Patent Office

Patent fees are submitted directly or mailed to: Expense Management Office of China Patent Office

※ It can also be submitted by Hua Mao, China. Contact information: 1688286/96/98/5191

7. Payment of various fees

All fees can be paid directly to the Patent Office on the spot within the specified time (if the application documents are submitted directly to the Patent Office, the application fee can be paid at that time); It can also be paid by remittance through the post office within the specified time. If the application documents are submitted through the post office, the application fee shall be paid (about one month later) after receiving the "Notice of Acceptance" issued by the Patent Office, and the payment period shall be within two months from the date of application. It must be noted that this period is by no means paid within two months from the date of issuing the "Notice of Acceptance".

there is no need to pay an annual fee for a patent application that has not been granted a patent right. Pay all kinds of fees including annual fees within two months from the date of receipt of the notice of registration formalities. It must be noted that the year mentioned must be the year specified in the notice (from the date of application), and sometimes the year of the year is not necessarily the year when the notice is received, for example, the year mentioned in the notice is self-applied. At this time, the year in which you received the "notice" was 1999. Therefore, after you paid the annual fee for the year in 1998, don't forget to take the initiative to pay the annual fee for the year in 1999 (for example, the third year). If it is overdue, the Patent Office will inform you to pay it back and impose a late fee.

if the number of claims (including independent claims and subsidiary claims) of a patent application exceeds ten, a surcharge of 3 yuan will be added to each claim from the eleventh claim; If the number of pages in the specification of a patent application (including the number of pages attached) exceeds 3 pages, the surcharge for each page shall be 25 yuan from the 31st page, and 5 yuan from the 31st page if it exceeds 3 pages.

if an application for a patent for invention has not been granted a patent right within two years from the date of application, it shall voluntarily pay the application maintenance fee every year from the third year. The first application maintenance fee shall be paid within the first month from the beginning of the third year, and the application maintenance fee shall be paid within one month before the expiration of the previous year in subsequent years.

when paying various fees through the post office, the name of the applicant, the patent number or patent application number, the name of the invention-creation, the name of the fees paid (all items must be listed) and various amounts must be stated in the postscript column of the remittance slip (the application number is 9 Arabic numerals, and the decimal point is not required). If there is omission, misspelling or insufficient amount, it will be deemed that the payment procedures have not been handled.

8. Follow-up documents that may be submitted (the form format specified by the Patent Office must be used)

A. Corrections The applicant may take the initiative to correct the errors in the application documents within three months from the date of submitting the patent application documents (referring to utility models and designs), such as typos, punctuation, reference marks, incorrect technical terms, format errors in document writing, and the applicant's signature or seal is not allowed.

An application for a patent for invention can take the initiative to make corrections to the application documents while the applicant requests substantive examination.

at the request of the patent office inspector, the nonconformity shall be corrected within the prescribed time limit, but it is still not corrected after three times.