Patent mainly refers to patent right. Patent right is a kind of exclusive right, which refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law.

Why get a patent?

Patents can protect technological innovation and innovation. Anyone who invents and creates innovative and practical technological methods, machines, products or material parts, or improves them, may apply for a patent. Most countries in the world have their own patent systems. When a patent is obtained in a country, the patentee has the right to prevent others from implementing his invention in this country. In most countries, the longest patent protection period is twenty years. In order to maintain the validity of the patent, it is necessary to pay an annual fee, usually once a year. Many countries outside the United States refuse to provide patent protection for inventors who disclose their inventions before applying for a patent, so inventors should avoid publishing or selling their inventions before applying for a patent.

Types, duration of protection and examination methods of patents

There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent invention, which refers to the new technical scheme proposed for products, methods or their improvement. The application for a patent for invention shall be subject to the system of early publicity and deferred examination, and the protection period shall be twenty years, counting from the date of application.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.

Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. The design patent shall be subject to the preliminary examination system, and the protection period shall be ten years, counting from the date of application.

The applicant should consider which patent is more suitable for application in combination with the technical level, commercial value, market life and cost of the invention and creation.

Requirements for granting patent rights

1. does not violate national laws and social ethics, and does not hinder public interests. 2. Contents and technical fields for which patent rights are not granted according to the Patent Law: 1÷ Scientific discovery 2÷ Intellectual activities 3÷ Diagnosis and treatment methods of diseases 4÷ Animal and plant varieties 5÷ Substances obtained by nuclear transformation may be granted patent rights in accordance with the Patent Law.

3. Patented inventions and utility models shall be novel, creative and practical.

Novelty means that before the filing date, no identical invention has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the China National Intellectual Property Administration Patent Office by others and recorded in the patent application documents published after the filing date.

Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

4. The design for which the patent right is granted shall be different from or not similar to the design published in domestic and foreign publications or publicly used in China before the application date, and shall not conflict with the legal rights previously obtained by others.

Preparation before applying for a patent

1< Pay attention to confidentiality 2 > Conduct feasibility analysis: search domestic and foreign patents, consult relevant professional publications, understand the current situation of similar technologies or products, and conduct feasibility analysis on whether patents can be obtained, so as to avoid the waste of manpower, material resources and financial resources.

Two ways to apply for a patent

1. Apply by yourself

The patent applicant directly mails the application to the China National Intellectual Property Administration Patent Office or handles the patent application in its agency. The address of the reception desk of China National Intellectual Property Administration Patent Office is No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing, and the postal code is 100088. China National Intellectual Property Administration has a patent agency in Guangzhou, and its address is at the Institute and Provincial Intellectual Property Office at Xianlie Middle Road 100, Guangzhou.

2. Application for agency

In accordance with the provisions of the Patent Law, the patent applicant entrusts a legal agency established upon examination and approval by the state to apply for a patent in the name of the client to the China National Intellectual Property Administration Patent Office or its agency.

The procedure for entrusting an agent to apply for a patent is:

1) Sign a patent agency entrustment contract with the Patent Office.

2) Provide the technical data required for patent application (legal provisions: patent agents are responsible for confidentiality).

3) Pay agency fees and application fees.

What documents do I need to submit to apply for a patent?

1, apply for a patent for invention or utility model.

Request, specification (the patent for utility model must have attached drawings), abstract and claim.

2. Apply for a patent for design

Pictures or photos of requests and designs, etc.

3. Preventive measures

The request can be sent to a website in China National Intellectual Property Administration (

All application documents must be written or prepared in the format prescribed by the state.

Determination of application date

The date when the China National Intellectual Property Administration Patent Office or its patent agency receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.

The organ that accepts the patent application shall give the application number, determine the application date, and issue a notice of acceptance to the qualified application.

approve

If the application for a patent for invention has been examined in substance, and the application for a patent for utility model and design has not found any reason for rejection after preliminary examination, the Patent Office shall make a decision on granting the patent right, issue a patent certificate, and register and announce it.

General procedures for applying for foreign patents

1. You must apply for a patent in China first.

2. Go to China National Intellectual Property Administration Patent Office to handle the priority certificate and formalities.

3. Entrust a foreign-related patent agency to act as an agent

4. Where an invention-creation involving national security or vital interests needs to be kept confidential applies for a patent abroad, it shall be handled in accordance with the relevant provisions of the state.