How to apply for a trademark patent?

How to apply for a trademark patent? Generally speaking, when a company or individual has invented a unique invention of their own, they usually have to apply for a patent in the country where they are located to protect the unique use rights and ownership of their invention. So how to apply? What about trademarks and patents? How to apply for a trademark patent 1

How to apply for a trademark patent

To apply for a patent, you must hold the relevant documents for patent application and go directly to the acceptance office of the State Intellectual Property Office or one of its affiliated offices. If these places are far away from your place of residence, you can also use mail to sort out all the materials needed for patent application and mail them to the State Intellectual Property Office for processing.

1. To write patent application materials, the patent applicant can fill them out by himself or entrust a patent-related agency to help write them, but the content must be clearly written.

2. Acceptance of patents. When the National Intellectual Property Administration receives the application materials from the patent applicant, it will conduct a preliminary screening. For those who meet the application conditions, it will determine the specific application date, then issue an application number to the applicant, and issue it to the applicant. Letter of acceptance of patent application.

3. If the application materials are submitted directly to the relevant office in person, the applicant can go to the office from the date of application after obtaining the acceptance notice and the issuance of the patent application payment form. Postponed by two months, the application fee must be paid within two months.

4. Then you will enter the application approval process.

5. At this time, the relevant review department of the State Administration of Intellectual Property will ask various questions to the applicant based on the materials submitted and the content related to the patent application. The applicant must classify the questions and answer them one by one. It is necessary to respond to the examiner's various opinions about the patent, modify the application or supplement the evidence. If the applicant does not agree with the examiner's examination opinions, he can raise a question and state his own opinions and reasons.

6. Handle the procedures for patent application. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he or she must complete the relevant registration procedures and pay the fees within two months in accordance with the relevant regulations and requirements. The applicant must complete the registration procedures and pay the fees within the prescribed period

The Patent Office will grant the applicant a patent right and issue a patent certificate in accordance with relevant regulations and procedures, fill in the patent on the patent system, and publish and announce it in the Patent Gazette, and the patent right will also be announced. It will take effect from the date of announcement.

7. The application requires relevant registration procedures. When going through the relevant registration procedures, there is no need to submit other patent application materials and any documents. The applicant only needs to submit the application within the specified time. Submit the relevant fees for patent registration in a timely manner. How to apply for a trademark patent 2

In China, there are three types of patent applications: appearance patent applications, utility model patent applications and invention patent applications.

Design patent application

(1) To apply for a design patent, you need to prepare six-sided appearance views of the product and fill in the "Design Patent Application Form" together with the design Briefly describe and submit application documents to the National Patent Office.

After submitting the application, you can get the "Patent Acceptance Notice" in about a week; in about 3-5 months, the Patent Office will issue the "Notice of Grant of Design Patent Rights" and "Notice of Registration Procedures" ; After paying the patent registration fee and annual fee, the license will be issued in about two months.

(2) Utility model patents and invention patent applications

Utility model patents and invention patents require a written patent specification, together with the patent application. Submit to the National Patent Office. Since the Patent Law stipulates that invention patents are subject to substantive examination only after the applied patent specification is disclosed, submitting an early disclosure statement is to enter substantive examination as soon as possible and shorten the patent application cycle.

Therefore, invention patents also need to submit two documents: "Request for Advance Disclosure Statement" and "Request for Substantive Examination".

1. After submitting an application for a utility model patent, you can get the "Patent Acceptance Notice" in about a week; the Patent Office will issue the "Notice of Grant of Utility Model Patent Rights" and "Registration Procedures" in about six months. Notice"; after paying the patent registration fee and annual fee, the license will be issued in about two months.

2. After submitting an application for an invention patent, you can get the "Patent Acceptance Notice" in about a week;

After submitting the application, a preliminary review stage will be conducted. If the review is successful, the application will be disclosed in advance. After announcing that the specification of the patent applied for is disclosed, it will enter the substantive examination stage; if the substantive examination is passed, the "Notice of Grant of Invention Patent Rights" and "Notice of Registration Procedures" will be issued. After paying the fees in time, the certificate will be issued in about two months. The invention patent application process takes about three years.

If you apply for the above three types of patents individually (limited to individuals from mainland China), you can submit a "Fee Mitigation Application" together to request for a reduction in application fees and the first three annual fees.

As a creator of a job-based work, after completing the invention, the individual does not have the right to disclose the core technology of the invention to others without the consent of the employer. People, let alone make illegal profits from the works of this profession. These issues should be clearly written in the contract. How to apply for a trademark patent 3

1. The difference between registered trademarks and patent rights

(1) Different generation methods

Trademark rights are exclusive rights granted by the trademark authorities to trademark owners in accordance with the law and protected by national laws over their registered trademarks.

Patent rights are the exclusive rights granted by the national patent authority to patent applicants and their successors to implement and utilize their inventions and creations within a certain period of time.

(2) Different rights content

The content of trademark rights mainly includes the exclusive use rights, prohibition rights, licensing rights and transfer rights of registered trademarks.

The content of patent rights is divided into the rights of the patentee and the obligations of the patentee. The rights of the patentee include the right to exclusive implementation, the right to transfer, the right to license, the right to mark, the right to request protection, the right to waive and the right to pledge. The patentee's obligations include the obligation to pay patent annual fees as required and the obligation not to abuse the patent right.

(3) Different objects of rights

The object of trademark rights is registered trademarks protected in accordance with the law. The objects of patent rights are inventions and creations for which patent rights should be granted according to law.

According to Article 2 of my country’s Patent Law, the objects of patent law include inventions, utility models and designs.

(4) Different approval procedures

The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement, and registration announcement.

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

(5) Different validity periods

According to the "Trademark Law", the validity period of a registered trademark is ten years, calculated from the date of approval of registration, and the registration can be renewed upon expiration. And you can apply repeatedly without restriction, and each renewal registration is valid for 10 years.

2. Is trademark right an intellectual property right?

Trademark is an intellectual property right.

Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide, to distinguish goods or services. Source

A sign with distinctive features consisting of text, graphics, letters, numbers, three-dimensional logos, sounds, colors, or a combination of the above elements, including text, graphics, letters, numbers, three-dimensional logos and Color combinations, as well as combinations of the above elements, can be applied for registration as trademarks.

Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.

3. What is intellectual property rights?

Intellectual property rights refer to "the exclusive rights enjoyed by the right holder over the results of his or her intellectual work", generally only within a limited period of time. efficient. Various intellectual creations such as inventions, literary and artistic works, as well as logos, names, images and designs used in commerce can be considered intellectual property rights owned by a person or organization.

The main categories are: patent rights, trademark rights, copyright (copyright), etc.