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Patent application for full strategy

This: Feng Qingyang Intellectual Property
Reprinted, please indicate the author, source!

1. First understand the basic knowledge of the patent
What is the invention patent?
The invention is a technical solution raised by a specific problem with the laws of nature. The products it manufacture or proposed is unprecedented, or improved the original products and production methods. The invention of patent obtaining patents can be divided into two categories: product invention (such as machines, instruments, equipment, utensils) and method inventions (manufacturing methods).
If in accordance with the provisions of the Chinese Patent Law, a invention patent generally needs to go through the procedure from the application to the authorization:
1. Provide a letter of friends, the entrusting agency to write an application document, usually 20 days -one month ( Those who do not entrust an agency can omit this step)
2, submit the application documents, obtain a notice of acceptance of the patent bureau, determine the application date, and submit a pre -public statement on the day of the submission of the document, and the request for the substantial review. This can speed up. The review process
3, the patent bureau conducts a formal review of the patent application document, about 2-3 months, after the preliminary examination, enter the public preparation stage
4, the patent bureau public invention application documents, about 6-8 months in about 6-8 months
5. The patent bureau conducts a substantial review of the invention patent documents. It is about one and a half years to two years. Communication to determine the appropriate protection scope of the invention), the communication may be multiple times, until the modified to the examiner is satisfied
6, the patent bureau issues a license notice
7. The applicant shall receive the patent certificate procedures r r r r r
8. After about 2-3 months, get the patent certificate
The entire process lasts about 2 and a half years to 3 years. The specific time depends on the informal level of the reviewer's review and the application of the applicant.
What is a practical new patent?
Pristic new type refers to a new solution proposed by the shape, structure or combination of the product. It only protects products with a certain shape. Method inventions and inventions in powder, liquid, materials and other aspects without certain shapes can only apply for invention patents. It does not need to be awarded a practical new patent to be substantially reviewed. The procedures are relatively simple and the cost is low. Therefore, small inventions of tangible hand products in daily necessities, machinery, electrical appliances, etc. are more suitable for applying for practical new patents.
What is the design patent?
The appearance design refers to a new design made by the shape, pattern, color, or its combination of the product and the combination of its combination. Therefore, the protection object of the exterior design patent is the decorative or artistic appearance design of the product. This design can be a flat pattern or a three -dimensional shape. The combination of the two is more common. The main conditions for granting patents are novelty, and their approval procedures, patent rights periods are the same as practical new patents.
The practical new type and appearance patent do not pass the substantive review procedures. It only passes the formal review. It takes about 6-8 months. It takes about 2-3 months to get a patent certificate after the fee. The specific time also depends on the review of the reviewer's review and the extent of the information of the applicant's bottom.
What conditions for granting patent rights?
The conditions for granting patent rights include two aspects: formal conditions and substantial conditions.
The so -called formal conditions refers to the preliminary review, substantial review of the patent application, and the necessary formal procedures for granting the necessary file formats and the necessary procedures for granting patent rights. That is to say, the patent application needs to be carried out in writing, and the application documents with a certain format and content requirements need to be submitted.
The substantial conditions can determine whether the invention of the application for patent protection is the key to determining whether the patent application can be awarded the patent right. The invention or practical new model of a granted patent right should be novel, creative and practical. The substantive conditions for the design of the design are the appearance design that has been publicly published on domestic and foreign publications or in China before the application date or different domestic design.
If novelty refers to the invention of the application patent or the practical new type does not belong to the existing technology and the existing design of the existing existing design.
The creativity refers to the existing technology of the invention of the patent or the practical new type, which is progressive and advanced.
A practicality refers to a invention or practical new type that must be applied and practical and can produce positive results.
The special explanation is:
The patent review system in my country determines the formal review and substantial review of the invention requirements, and only formal review of the practical new type and appearance design, and no substantial review (so authorized authorization The time is fast), so many agents claim to be 100 % authorized to the outside world. This is no problem. The key is that this may be misleading to the applicant: it is considered that the patent of authorization is an effective patent. In fact, the patent of practical new type and appearance design is not effective. It is determined by my country's patent review system, and it is also my country's patent reality.
If, whether it is invention patent or practical patent as long as it is a patent, must meet the three sex requirements of the patent and does not meet the three sex requirements of the patent. It will be ineffective in subsequent infringements.

The practical new patent system makes the patented quality fish and dragon mixed. A large number of "non -patents" are mixed in the "patent" team, which makes the public doubt the patent itself. After a certain number, there will be a reform, which will be re -examined, which is certain. From the perspective of patent applicants, sometimes it is cost -effective to spend less money in a short time in exchange for a possibility. Now there are more companies applying for patents than individuals, and the public also agrees with patents. Therefore, instead of investing huge advertising costs, it is better to invest less money to apply for patents. At least it can play a considerable advertising effect.

2. There are two ways to apply for a patent: entrusting patent agent companies to write an application document by themselves.
The should be said that writing patent application documents is a very technical work, and the application patent is not just a simple thing to write a patent application document. Files, if the content of the document is publicly invent, the agent should communicate with the inventor whether the technical problem can be converted and the corresponding technical solutions. The claims and instructions must consider that the response review opinions may be possible and how to remedy? When it is invalid, you can only modify the claims and cannot move the content from the instructions; when infringement, the scope defines clearly? Whether it may be detoured and so on, it can be said that a qualified agent before the patent application should have a global grasp and understanding of the latest technical content involved in the invention. , Make a layout of the entire application, whether to apply for the secret (can be reserved as a technical secret), how to apply (invention, practical or appearance, whether it is necessary to apply to foreign countries), maybe The possibility of invalidity, infringement analysis, etc. must be a macro grasp. Being able to achieve the above is the basic requirements of a mature and experienced agent. Finding such an agent is the luck of the applicant, and the scope of protection of its patent can be the strongest protection.
. Unfortunately, in our domestic atmosphere, the applicant considers more about price issues, how to minimize the agency fee, and the quality is second. Maybe they think that after the operation of the agent, the results are almost the same. Essence Faced with the requirements of customers, the agent had to reduce the service standards. Most agents only did the format conversion of file transmission and technical intercourse content. In this way, time -saving and effort, the quotation could be lowered all the way, and the applicant was happy. As for the authorization, the practical new type and the design are no problem. Inventory, as long as the protection range is as narrow as possible, the examiner has no opinions, and everyone is happy. When this patent really needs this patent, when it is asked to come out of the cage, the applicant will find that the cage is a sick cat. Paper.
Fortunately, most patent applicants apply for patents do not care about the quality of patents. They only care about the number of applications. As long as the application number can be applied for government requirements, technology companies can be declared, tax exemption can be declared, high -tech enterprises can be claimed to be high -tech companies. Advertising, the layman who can not understand, can consume consumers. So such games have been going on.

This companies or individuals temporarily look at the patent law to apply for patents, and learn to write requirements (you can learn from the website of the Patent Bureau of the China Intellectual Property Office). The application document has a smooth application process, the authorization is smooth, and the certificate has arrived. The key to the problem is that the "value" of this patent is gone, just a paper tiger, which is used to scare people.
So we suggest that the applicant wants to expand the scope of protection and truly exert the power of "tiger" in the market. The agent will help you plan.

3. Prepare the information required for the application of patents
If the preparation of the patent agency, please prepare the following application information:
n 1. Please provide 1. The name or name of the applicant (full name), address, and postcode; 2. The applicant's business license, organization code certificate or personal ID card copy; Address, postcode; 4. Telephone, fax, and contact address of the contact application for the invention patent.
. The commission procedure (the units stamp the official seal or the signature of the natural person).
. Submit a technical confinement book. In order to write the invention, the invention is also more convenient to understand the content of the invention and creation of your invention. Please write the bottom book according to the following format.
. Invention name
(simply and clearly reflect the technical content of the invention is the product, device or method (generally within 25 words)
. n (Briefly explain the technical field of the affiliated, such as: the present invention is an automatic control device for temperature, and the thermal treatment method of ×× materials involves ×× materials.)
. Existing technology (background technology)
The closest to inventing the same existing technical status is analyzed and explained, and the attachment is explained if necessary. The specific content includes: the location and the connection relationship or conditions, the process between the structure, the position of the components, and the process. Analyze the reasons as much as possible).
. The content of the invention
1. The purpose of invention (truthfully pointed out the technical problems to be solved by the present invention.)
2. It is clearly described as possible to the invention that is different from the existing technology. It is not limited to the basic principles of invention, so that ordinary technical personnel in the art can be implemented, and each technical means of describing the technical solution (including the technical solution (including the technical means (including the technical means of. When the position and connection relationship of each structure), accordingly, it explains its role in the present invention. If it is difficult to describe only in text description, please explain it. Technical requirements, method steps, etc. If so, try to propose as much as possible to form ownership of rights.)
Attachment: If English abbreviations or codenames have special significance, please specify its meaning and the industry's universal Chinese name.
3, technical effects (corresponding to the technical problems and technical solutions to be solved by the present invention, the effects that the present invention can achieve (including social, economic, technical effects, preferably specific data) specificly) specificly) To describe truthfully, scientific analysis and experimental results are the most convincing evidence.)
. The simple description of the attachment and pictures n (to provide the necessary attachment to describe the invention ( That is, the structural schematic diagram, not the engineering diagram). This attached picture can clearly reflect the invention point. To this end, a variety of drawing methods can be used. Attachment.)
6. Specific embodiments
(list the implementation of the implementation of the invention (the specific embodiment of the invention conception), and give a specific example of the real invention Come out, including the electrical connection relationship between each electrical component and between them. If it is a method, please specify the specific methods of each part, including static relationships, dynamic relationships and effects effects)
For a code of special significance, please specify its meaning and the industry's common Chinese name.
Im information to provide information provided by a practical new type of patent:
. Please provide 1. The applicant's name or name (full name), address, postcode; 2. The applicant's business license, organizational code number number or personal identity Certificate of copying; 3. The name, address, and postcode of the inventor (natural person); 4. The telephone, fax, and contact address of the contact application for the invention patent application.
. The commission procedure (provided by the agency by the agency)
. Submit a technical interchange. The agency can apply for a patent. Sign the contract
This Book of this technology can be written according to the eight parts as follows:
• The name of the practical new type (product)
• The technical field of the practical new model
• related background technology (Deficiency of the existence of background technology)
• The purpose of the practical new type or the technical problems to be solved
• The main points of the technical solution adopted by the practical new model
• The useful new model achieved the beneficial effects ( Compared with background technology)
• Attachment and drawing instructions (must be available)
• The specific implementation plan adopted by the practical new type (as detailed as possible)
The description of the text part enables people to understand each technical characteristics and overall technical solutions in the invention intuitively and vividly.)
Applying for design patents:
. Please provide the name or name of the applicant (Full name), address, postcode; 2. The applicant's business license, organizational code certificate or a copy of the personal ID card; 3. The name, address, and postcode of the inventor (natural person); 4. The contact of the invention patent application for the invention patent application Human telephone, fax, contact address.
. The commission procedure (the units stamp the official seal or the signature of the natural person).
. Provide this appearance design picture or photo (preferably taken with a digital camera)

• Picture or photo refers to the six -sided projection movie view of the design product (ie::::: Ahead view, rear view, left view, right view, downward view, upper view) and three -dimensional maps. If there is no design point on the view, you can omit it; if the view is symmetrical, you can omit a view.
• The ratio of the view size in the above picture or photo should be the same. The size of the picture or photo should be between 3cm × 8cm and 15cm × 22cm.
• The background of the picture or photo should be monochrome. This background must not have other items or patterns that have nothing to do with the design of this appearance. At the same time, the photos must not have factors that affect the image effects such as strong light and shadow.
• Requires the design of the color, and one copy of the color and black and white pictures or photos should be submitted at the same time.
• If you are not familiar with the production requirements of pictures or photos, the agency can make pictures or photos required for the application
4. Sign the entrusted contract. Part: official expenses and agency costs
The general agency costs are as follows
The domestic natural person and legal person application for invention patent fees are as follows (each):
R n1. Patent application fee 950 4000-6000
2. The substantial review fee 2500-2000
3. Patent certificate registration fee 255 -
4. 300 (every year)-
5. Authorized annual fee of the year 1-3 years: 900
4-6 years: 1200
... ...
The invention patent fee is as follows (each):
The invention official fee (RMB) agency fee (USD) Total (USD)
patent application fee 950 500 615
R n Patent certificate registration fee 255 80 111
The patent application maintenance fee 300 (every year after the third year)
authorized annual fee 900 or 1200 50 159 or 195
(Note: Answer review review Opinions are charged as depending on the situation)
(Note: 1. The applicant is the unit, the appliance department will issue a corporate loss certificate. The fee for official fees can be slowed down by 60%; the applicant is an individual, slowing 85%, and the application for the maintenance fee can be slowed by 80%. 2. The response to the review of the review is charged in the substantive review.) The practical new type of patent fee is as follows (each piece):
The actual new official fee (inner parentheses to slow down fee) Agent fee (yuan)
1. Patent application fee 500 (150) 2500 (excluding drawing)
2. Patent certificate registration fee 205 -
3. Authorized annual fee of 600 (180) of the year -
The domestic natural person and legal person to apply for exterior design patent costs (each):
appearance design officer Fee (after slowing down) Agent fee (yuan)
1. Patent application fee 500 (150) 1000
2. Patent certificate registration fee 205 -
3. The annual fee of 600 (180) of the year of the year -

Plip: Patent application funding policies issued by the government may be funded by the government, which can fund patent fees. You can consult each agency.

5, the agent's preparation for the application documents takes about 10-20 working days, and its efficiency depends entirely on the degree of informativeness provided by the application information.
Is to the preparation documents, the agent will request the applicant to review the application documents. If there is no problem, you can submit the application. Generally, the patent application notice will be issued on the day of the application date to enter the review process.
6. The review process of the patent bureau
The reviewer review patent process
Invention:
icated in accordance with the provisions of the Chinese Patent Law, a invention patent generally goes through the procedure of the following:
1. Provide a submitted book and the entrusted agency to write an application document. Generally, it takes 20 days -one month
2. Submit the application documents, obtain the patent bureau's acceptance notice, determine the application date, and the day of the submission of the submission can also be possible. Submit the early public statement and request substantial review. This can accelerate the review process
3, the patent bureau conducts a formal review of the patent application document, about 2-3 months. The bureau's public invention application documents, about 6-8 months
5, the patent bureau conducts a substantial review of the invention patent documents. Communicate with the applicant (communicate with the agency of the agency to determine the appropriate protection scope of the invention), and communicate back and forth several times, until the reviewer is satisfied
6, the patent bureau issues a license notice
7. The applicant handles the patent certificate procedures
8. After about 2-3 months, get the patent certificate
The degree of speed with the application of the applicant's bottom.
Practical new models and appearance design:
1. Provide a submitted book, entrust the agency to write an application document, generally 10 working days
2, submit the application documents, obtain the patent bureau's acceptance notice, determine Application date
3, the patent bureau conducts a formal review of the patent application documents, about 3-6 months
4, the patent bureau issues a notice of authorization
5, the applicant handles the patent certificate procedures
6 After about 2-3 months, get the patent certificate
The entire process lasted about 1 year. The specific time depends on the informative level of the reviewer's review and the application of the applicant's bottom.
7, authorization, apply for a certificate (pay the certificate, issue a certificate, issue a patent certificate for two months), pay attention, and pay the annual fee for one month before and after the application date each year.