Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
2. Documents and materials required for patent application
Technical disclosure meeting the following requirements shall be provided.
Technical disclosure is a reference document for the inventor or applicant to submit the invention-creation content of the patent application to the patent agency in written form. Mainly to improve the writing quality and efficiency of patent application documents, so that patent agents can understand the characteristics of the inventor's invention ideas more easily. The technical disclosure required by the applicant mainly involves the same contents in the description of the invention or utility model, which are all necessary contents of the patent application documents, and the applicant can omit them if he has difficulties in writing. The main contents are as follows:
1, name of invention
The name should be concise and to the point, using technical terms commonly used in this technical field, so as to clearly reflect and embody the theme and type of invention. Don't use non-technical terms, names, trademarks, models or product names of inventions, or commercial propaganda terms. The name should preferably correspond to the categories and groups in the international classification table, generally no more than 25 Chinese characters.
2. Belonging to the technical field
The technical field refers to the technical field to which the invention directly belongs or directly applies, which is neither the broad technical field to which it belongs or applies, nor its adjacent technical field, nor the invention or utility model itself.
3. Background technology
Also known as existing technology, this part should focus on describing and evaluating the existing technology before the application date, that is, recording the background technology known by the applicant, which has a reference function for understanding, searching and reviewing the application. Generally, at least one prior art document closest to this application should be cited, and if necessary, several relatively close comparative documents can be cited, which can be patent documents or non-patent documents. A brief introduction to the existing technology should include three aspects:
(1) indicate its source, generally by giving comparison documents or pointing out public information;
(2) Briefly explain the main related contents of the existing technology, such as the main structure and principle, or the technical means and methods adopted;
(3) Objectively point out the problems and deficiencies of the existing technology, explain the reasons for these problems and deficiencies when possible, and avoid using defamatory language.
4. Object of the present invention
Refers to the technical scheme of applying for a patent for invention to solve the problems existing in the prior art. Usually, the task to be solved is put forward according to the problems existing in the recent prior art and the effects obtained by the invention or utility model. The specific requirements are as follows:
(1) should be adapted to the theme and type of invention;
(2) Positive statements should be used to directly, clearly and objectively state the purpose and clearly explain the problems to be solved;
(3) The technical problems to be solved should be specifically reflected, and general expressions such as "energy saving" and "quality improvement" should be avoided, but the specific contents of the technical scheme should not be included.
(4) Do not use advertising language.
5. Technical scheme
This part is the core part of the manual, and the description of this part should be understood by the technicians in the technical field to achieve the purpose of invention or utility model.
The technical scheme adopted by an invention is often a collection of several technical features. The technical scheme shall be clearly stated and complete, including all the necessary technical features to realize the purpose of the invention; If it is a product invention, it should explain the composition of the product and the relationship between the parts, and what role each part plays; What is the part that belongs to your invention? If it is a method invention, it should be explained that the method consists of several steps, what conditions are needed for each step, what is the relationship between the steps and what role each step plays. Generally, the basic content of an invention should be disclosed in the form of the sum of the technical features necessary for the invention. But sometimes, in order to make the technical scope of protection more clear and avoid misunderstanding, it should also include important additional technical features necessary to explain the invention, so that people can clearly understand what technical scheme should be adopted to achieve the stated purpose.
6. beneficial effects
This part should clearly and explicitly state the beneficial effects of the invention relative to the existing technology.
Generally, the beneficial effects can be reflected by the improvement of output, quality, accuracy and efficiency, the saving of energy consumption, raw materials and working procedures, the simplification of processing, operation, control and use, the treatment or radical cure of environmental pollution, and the emergence of useful properties. The specific requirements are as follows:
(1) An invention or utility model can be described by analyzing its structural characteristics or action relationship, explained theoretically, and proved by experimental data or their combination. Its beneficial effect cannot be asserted, and it is better to compare it with the existing technology.
(2) For technical fields such as machinery or electrical appliances, most of them can be explained in combination with structural characteristics and modes of action;
(3) When citing experimental data to illustrate the beneficial effects, the necessary experimental conditions and methods should be given.
7. Description of drawings
The attached drawings are used to express the contents of the invention or utility model more intuitively, and various drawing methods can be used to fully reflect the invention. Such as schematic diagrams, block diagrams, various views, partial sectional views, flow charts, etc. For an application for a patent for invention and all applications for a patent for utility model with drawings in the specification, the drawings shall be given in the specification. Its specific requirements are:
(1) The title and contents of the attached drawings shall be briefly described in accordance with the national standards for mechanical drawing;
(2) If there are multiple drawings, all the drawings shall be numbered and explained in turn;
(3) The description of the drawings does not need to include the names and details of specific parts in the drawings.
8. Best mode
This part can usually explain the specific embodiment of the invention or utility model in more detail with the attached drawings. It should not be understood as a simple repetition of the contents of the specification. Its purpose is to concretize each technical feature of the claim, so as to concretize the implementation of the invention and fully support the enforceability of the invention or utility model.
Generally speaking, this part should describe at least one best mode in detail, and the specific degree of the description should reach the level that ordinary professionals can reproduce their inventions or utility models according to the described content. When describing a specific embodiment, it is not necessary to specify the known technical features, but it is necessary to specify the necessary technical features and additional technical features that distinguish the existing technology, and the relationship between these technical features and their functions and functions.
The descriptions of the embodiments and examples shall be consistent with the types of technical solutions claimed in the application. For example, if a product is required to be protected, its realization or example should be one or several best products that reflect the realization of the product; If a method needs to be protected, it should be one or several best implementation methods to realize it.
(3) Time of application
1. Get the patent acceptance notice within one week after the information provided by the customer is complete.
2. Obtain the patent certificate about 18 months from the date of application.
Utility model patent
I. Definition of utility model patent
The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
2. Documents and materials required for applying for a patent for utility model
Technical disclosure meeting the following requirements shall be provided.
Technical disclosure is a reference document for the inventor or applicant to submit the contents of his invention and creation to the patent agency in writing. Mainly to improve the writing quality and efficiency of patent application documents, so that patent agents can understand the characteristics of the inventor's invention ideas more easily. The technical disclosure required by the applicant mainly involves the same contents in the description of the invention or utility model, which are all necessary contents of the patent application documents, and the applicant can omit them if he has difficulties in writing. The main contents are as follows:
1, name of invention
The name should be concise and to the point, using technical terms commonly used in this technical field, so as to clearly reflect and embody the theme and type of invention. Don't use non-technical terms, names, trademarks, models or product names of inventions, or commercial propaganda terms. The name should preferably correspond to the categories and groups in the international classification table, generally no more than 25 Chinese characters.
2. Belonging to the technical field
The technical field refers to the technical field to which the invention directly belongs or directly applies, which is neither the broad technical field to which it belongs or applies, nor its adjacent technical field, nor the invention or utility model itself.
3. Background technology
Also known as existing technology, this part should focus on describing and evaluating the existing technology before the application date, that is, recording the background technology known by the applicant, which has a reference function for understanding, searching and reviewing the application. Generally, at least one prior art document closest to this application should be cited, and if necessary, several relatively close comparative documents can be cited, which can be patent documents or non-patent documents. A brief introduction to the existing technology should include three aspects:
(1) indicate its source, generally by giving comparison documents or pointing out public information;
(2) Briefly explain the main related contents of the existing technology, such as the main structure and principle, or the technical means and methods adopted;
(3) Objectively point out the problems and deficiencies of the existing technology, explain the reasons for these problems and deficiencies when possible, and avoid using defamatory language.
4. Object of the present invention
Refers to the technical scheme of applying for a patent for invention to solve the problems existing in the prior art. Usually, the task to be solved is put forward according to the problems existing in the recent prior art and the effects obtained by the invention or utility model. The specific requirements are as follows:
(1) should be adapted to the theme and type of invention;
(2) Positive statements should be used to directly, clearly and objectively state the purpose and clearly explain the problems to be solved;
(3) The technical problems to be solved should be specifically reflected, and general expressions such as "energy saving" and "quality improvement" should be avoided, but the specific contents of the technical scheme should not be included.
(4) Do not use advertising language.
5. Technical scheme
This part is the core part of the manual, and the description of this part should be understood by the technicians in the technical field to achieve the purpose of invention or utility model.
The technical scheme adopted by an invention is often a collection of several technical features. The technical scheme shall be clearly stated and complete, including all the necessary technical features to realize the purpose of the invention; If it is a product invention, it should explain the composition of the product and the relationship between the parts, and what role each part plays; What is the part that belongs to your invention? If it is a method invention, it should be explained that the method consists of several steps, what conditions are needed for each step, what is the relationship between the steps and what role each step plays. Generally, the basic content of an invention should be disclosed in the form of the sum of the technical features necessary for the invention. But sometimes, in order to make the technical scope of protection more clear and avoid misunderstanding, it should also include important additional technical features necessary to explain the invention, so that people can clearly understand what technical scheme should be adopted to achieve the stated purpose.
6. beneficial effects
This part should clearly and explicitly state the beneficial effects of the invention relative to the existing technology.
Generally, the beneficial effects can be reflected by the improvement of output, quality, accuracy and efficiency, the saving of energy consumption, raw materials and working procedures, the simplification of processing, operation, control and use, the treatment or radical cure of environmental pollution, and the emergence of useful properties. The specific requirements are as follows:
(1) An invention or utility model can be described by analyzing its structural characteristics or action relationship, explained theoretically, and proved by experimental data or their combination. Its beneficial effect cannot be asserted, and it is better to compare it with the existing technology.
(2) For technical fields such as machinery or electrical appliances, most of them can be explained in combination with structural characteristics and modes of action;
(3) When citing experimental data to illustrate the beneficial effects, the necessary experimental conditions and methods should be given.
7. Description of drawings
The attached drawings are used to express the contents of the invention or utility model more intuitively, and various drawing methods can be used to fully reflect the invention. Such as schematic diagrams, block diagrams, various views, partial sectional views, flow charts, etc. For an application for a patent for invention and all applications for a patent for utility model with drawings in the specification, the drawings shall be given in the specification. Its specific requirements are:
(1) The title and contents of the attached drawings shall be briefly described in accordance with the national standards for mechanical drawing;
(2) If there are multiple drawings, all the drawings shall be numbered and explained in turn;
(3) The description of the drawings does not need to include the names and details of specific parts in the drawings.
8. Best mode
This part can usually explain the specific embodiment of the invention or utility model in more detail with the attached drawings. It should not be understood as a simple repetition of the contents of the specification. Its purpose is to concretize each technical feature of the claim, so as to concretize the implementation of the invention and fully support the enforceability of the invention or utility model.
Generally speaking, this part should describe at least one best mode in detail, and the specific degree of the description should reach the level that ordinary professionals can reproduce their inventions or utility models according to the described content. When describing a specific embodiment, it is not necessary to specify the known technical features, but it is necessary to specify the necessary technical features and additional technical features that distinguish the existing technology, and the relationship between these technical features and their functions and functions.
The descriptions of the embodiments and examples shall be consistent with the types of technical solutions claimed in the application. For example, if a product is required to be protected, its realization or example should be one or several best products that reflect the realization of the product; If a method needs to be protected, it should be one or several best implementation methods to realize it.
(3) Time of application
1. Get the patent acceptance notice within one week after the information provided by the customer is complete.
2. Get the patent certificate about 7 months from the date of application.
design patent
I. Definition of design patent
The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made by the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Two. Documents and materials required for applying for a patent for design
1. Provide necessary information:
The name of the applied design, the name, address and nationality of the inventor, and the name, address and nationality of the applicant.
2. Power of attorney:
Apply for power of attorney. It must be the original signature of the applicant. If the power of attorney is not submitted at the time of application, it can be supplemented after application.
3. Other materials:
The designed picture or photograph shall not be less than 3cm× 8cm, nor greater than15cm× 22cm. At the same time, the patent of design for color protection is requested. When submitting color and black-and-white pictures or photos, if there are special requirements, please briefly explain them.
Three. Matters needing attention and related instructions
1. Before applying for a patent, you'd better search the patent literature to see if there is the same technology as the invention technology for which you have applied for a patent.
2. The agent prepares the application documents according to the materials provided by the applicant, and submits them to the Patent Office after being examined and signed by the applicant.
3. I will go to the patent office to pay all kinds of fees on behalf of the applicant, and hand over all kinds of notices and requirements issued by the patent office to the applicant in time, and at the same time inform the matters needing attention or make corresponding suggestions.
4. If the applicant changes his address or contact person, please inform us in time to avoid receiving relevant notices and materials.
(4) Procedural interpretation
1. After receiving the authorization notice and the registration notice, the applicant shall go through the registration formalities and pay the prescribed fees according to the requirements of the notice within the specified time. Failing to go through the registration formalities according to the provisions, or failing to do so within the time limit, shall be regarded as giving up the patent right.
After the patent right is granted, the patentee has to pay the annual fee every year. If there are six months overdue, he can still pay the annual fee, but he has to pay a late fee. If the annual patent fee is not paid or the annual fee and late fee for this year are not paid in full, the patent right shall be terminated from the date of expiration of the previous year.
3. The applicant can give up the right to apply for a patent or the patent right by not paying the fee or replying to the patent office documents.
4, in the process of patent application or patent approval, you can go through the transfer formalities at any time.
(5) Application time
1. Get the patent acceptance notice within one week after the information provided by the customer is complete.
2. Get the patent certificate about 6 months from the date of application.
We can guarantee to get the certificate. If we don't get the patent certificate, we will give a full refund.