1. How long does it take to give the patent number after patent application
After patent application, When the examiner receives the application documents, an application number is generated. When the patent right is not granted, the application number is obtained. When the patent right is granted, the application number is the patent number.
The order for submission of patent application documents is as follows:
Design patent application documents should be in accordance with the request letter , pictures or photos, and brief descriptions arranged in order.
Each part of the application document should be numbered sequentially using Arabic numerals.
Invention or utility model patent application documents should be arranged in the following order: request, abstract of description, abstract drawings, claims, description, description drawings and Other files.
Article 26 of the "Patent Law of the People's Republic of China" When applying for an invention or utility model patent, a request, description, abstract and claims shall be submitted and other documents.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to implement it; when necessary, there shall be appendixes picture. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source. Yes, the reasons should be stated.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted .
The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.
Article 28 The date when the patent administration department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.
2. What are the meanings of the three categories of patent rights
(1) Patent rights are exclusive rights granted by the state to patentees for their patented products within a certain period of time in accordance with the law.
(2) Patents are inventions protected by patent law, and generally include three types of patents: invention, utility model and design.
(3) A patent is a patent document, the main part of which is the patent specification describing the invention and creation.
Article 2 of the Patent Law of the People's Republic of China
Inventions referred to in this Law Creation refers to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
The above is the answer to this question given by the editor of Legal Savior Network. We can understand that after the patent application, when the examiner receives the application document, the application number It arises that when the patent right is not granted, the application number is obtained. After the patent right is granted, the application number is the patent number. If you still want to know other legal knowledge, Legal RescueShizhu.com also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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