What are the benefits of patent application

1. As an intangible asset, patents have huge commercial value and are an important means to enhance the competitiveness of enterprises.

2. It is the basis for an enterprise to apply for patents on scientific research results to implement its patent strategy.

3. The quality and quantity of patents are a reflection of an enterprise’s innovation capabilities and core competitiveness, and are an important indicator of an enterprise’s identity and position in the industry. A symbol of status.

4. Enterprises can obtain long-term returns by applying the patent system.

5. Enterprises owning patents are required to apply for various science and technology plans such as high-tech enterprises and innovation funds. , necessary prerequisites for the project.

Classification of patent applications

Invention patent: New technical solutions proposed for products, methods or improvements in products and methods can apply for invention patents ;

Utility model patent: For new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use, you can apply for a utility model patent;

Design patent: New designs that are aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern, can apply for a design patent.

Detailed explanation of the patent application process

p>

1. Filling in and writing patent application documents

There are specific requirements for filling in and writing patent application documents. Applicants can fill in or write them by themselves, or they can entrust a patent agency to do it for them. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth advocating for applicants with little experience to appoint a patent agent.

2. Acceptance of patent applications

After the Patent Office Acceptance Office or each patent office agency receives a patent application, for applications that meet the acceptance conditions, the application date will be determined, the application number will be given, and the issue will be issued Notice of acceptance.

3. How to pay the application fee

The application fee and other fees can be paid directly to the Patent Office Charge Office or the Patent Office Agency, or through a bank or Post office remittance. Currently, banks use electronic transfer and post offices use electronic remittance. When the payer pays the patent fee through the post office or bank, the correct application number or patent number should be written on the remittance form, and the abbreviation should be used for the name of the fee to be paid. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter should also ask the post office staff to enter the complete mailing address, including postal code. This information will be included in subsequent procedures. Important fees shall not be sent to the Patent Office Acceptance Office.

4. Time for payment of application fee

If you submit the patent application documents in person, you can obtain the acceptance notice and pay the application fee. Pay the application fee after receiving the fee notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the payment of the application fee requires the corresponding application number to be stated, but the application fee must be paid. The date shall not exceed two months from the date of application.

5. Patent approval process

According to the Patent Law, the approval process for invention patent applications includes acceptance, preliminary examination, publication, There are five stages of substantive examination and authorization. Utility model or design patent applications do not undergo publication and substantive examination during the approval process. There are only three stages of acceptance, preliminary examination and authorization.

6. Active review of patent application documents Modification and correction

Active modification and correction of patent application documents is also a procedure that applicants can choose as needed. Applications for utility model and design patents are only allowed to be filed within two months from the filing date. Active modification: An invention patent application is only allowed to make active modifications to the patent application documents when a request for substantive examination is made and within three months from the date of receipt of the notification from the Patent Office that the invention patent application has entered the substantive examination stage.

< p> 7. Reply to various notices from the Patent Office

(1) Comply with the response deadline. The consequences of late response and non-response are the same. Respond to the issues pointed out in the Office Action Notice one by one. Reply. Can express agreement with the reviewer

If you disagree with the examiner's opinion, you should state your opinion and reasons.

(2) Defects in format or procedures can generally be eliminated through correction. Defects; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, one can only defend and state opinions on whether there is or is an obvious substantive defect.

(3) For invention or utility model patents Any corrections or modifications to the application shall not exceed the scope recorded in the original description and claims, and the modifications to the design patent application shall not exceed the scope represented by the original pictures or photos. Modification documents shall be submitted in accordance with the prescribed format and replacement pages.

< p> (4) The reply should be submitted in accordance with the prescribed format. For example, a supplement or a statement of opinion should be submitted. Generally, supplements and corrections should be used for questions on the form of supplements or procedures, and statements of opinions should be used to modify the substantive content of the application. If the applicant does not agree, The opinion of the examiner shall be used when making the defense.

8. The patent application is deemed to be withdrawn and its restoration

If the required procedures are not completed within the time limit, the application will be deemed to be withdrawn. , the Patent Office will issue a deemed withdrawal notice. If the applicant has legitimate reasons, he may request the Patent Office to restore his rights within two months from the date of receiving the deemed withdrawal notice, and explain the reasons. Requesting the restoration of rights , a "Request for Restoration of Rights" should be submitted, explaining the legitimate reasons for delaying the time limit, paying the restoration fee, and completing various uncompleted procedures that should be completed. The supplementary procedures and supplementary fees should generally be completed within the above two months.< /p>

9. Go through the patent registration procedures

After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue an authorization notice After receiving the authorization notice and the registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. The applicant shall complete the registration formalities within the time limit. If the prescribed fee is paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette. The patent right will take effect from the date of announcement. Failure to comply with the regulations within the prescribed period Registration procedures shall be deemed to have given up the right to obtain patent rights.

10. Fees payable for registration procedures

When completing registration procedures, there is no need to submit any documents. The applicant only needs to submit Patent registration fees (including announcement printing fees) and annual fees and stamp taxes for the year of authorization must be paid in accordance with regulations. When applying for authorization of an invention patent, if it is more than two years from the application date, an application maintenance fee must also be paid. In the year of authorization, follow the registration procedures notice Pay the corresponding fees in the year specified in the book.

11. Maintenance of patent rights

After the patent application is granted the patent right, the patentee shall pay one month before the expiration of each year. Prepay the annual fee for the next year. If the payment is not paid or is not paid in full, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date of the annual fee, and at the same time pay a late fee. .The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee due. .

12. The termination of patent rights can be divided into:

(1) Termination upon expiration of term: Invention patent rights are maintained for 20 years from the date of application, and utility model rights are valid for 20 years from the date of application. Or the design patent right has been maintained for 10 years from the date of application and is terminated in accordance with the law;

(2) Termination for non-payment of fees: The Patent Office issues a payment notice notifying the applicant to pay the annual fee and late fee. If the annual fee and late payment fee have not been paid or paid in full, the patent right shall be terminated from the expiration date of the previous year.

13. Invalidity of the patent right

The patent application shall be granted from the date of authorization. Starting from 2018, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law may request that the patent right be declared invalid. Those who request that the patent right be declared invalid or partially invalid shall pay the fee in accordance with the regulations and submit a request for invalidation. Make two copies, indicate the name and patent number of the patent requested to be invalidated, state the facts and reasons based on it, and attach necessary evidence. Any decision on the patent invalidation request shall be made.

If a party is dissatisfied, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The Patent Office will register and announce the decision after it becomes legally effective. The patent right declared invalid is deemed to have never existed from the beginning.