How to apply for a patent yourself
Personally applying for a patent (for example: non-service invention When applying for a patent (representative of a person or enterprise), you need to do the following:
1. Subject. Ordinary individuals can apply for a patent in China by themselves or by entrusting a patent agency to handle it. If it is a special individual, you must entrust a patent agency to handle it. Special individuals include:
①Foreigners who do not have a regular residence or business office in China;
">②Chinese who have lived or worked abroad for a long time;
③Compatriots from Hong Kong, Macao and Taiwan. If a Chinese individual applies for a patent in a foreign country for inventions and creations completed domestically, he or she must first apply for a patent to the patent administration department of the State Council, and must also entrust a patent agency to handle the application. He cannot apply on his own.
2. Object. Inventions include inventions, utility models and designs. The type must be determined before applying. The conditions and costs for different types of applications, the content to be protected, and the economic benefits brought after the patent right is granted are all different. Applicants need to choose based on their own circumstances. The protection period is 20 years for inventions and 10 years for utility models and designs, both calculated from the filing date.
3. Program.
Invention patents must undergo preliminary examination and substantive examination. Utility models and designs only require preliminary examination before being authorized and announced.
① For an invention patent, a request, description, abstract of the description and claims must be submitted. If necessary, there should be a description and drawings.
② For utility model patents, a request, claims, description, drawings of the description, abstract of the description and abstract drawings are required.
③ For design patents, you need to submit a request letter, pictures or photos of the design. Utility model and design patents take about 8-12 months. After passing the formal examination, an authorization notice will be issued and the certificate collection procedures will be completed. After paying the certificate fee, it will take about 8-12 months. It takes 2-3 months to get the patent certificate. The specific time depends on the speed of the examiner's examination, the details of the applicant's information and the provision of drawings.
Applicants must make sufficient preparations before applying.
(1) Learn more about relevant laws and regulations and be familiar with various application procedures.
(2) Understand the current level of the technical field, search domestic and foreign patents, and conduct a feasibility analysis of your own inventions.
(3) Do a good job in confidentiality.Fee reduction. Patent fees that are allowed to be reduced include: application fee, Five items: invention patent application maintenance fee, invention patent substantive examination fee, reexamination fee, and annual patent fee for three years after authorization.
Individual patent application fees How much is it
According to China’s patent law, there are the following regulations regarding the fees for patent applications:
1. When applying for a patent agency, the applicant needs to pay agency fees and official fees.
2. The amount of the agency fee is based on the technical field of the application. The difficulty level and workload are determined by the applicant and the agency after consultation.
3. Official fees are fees paid to the State Intellectual Property Office. First of all The official fee includes the application fee and the invention application examination fee. The amount (in RMB) is: invention patent application fee 950 yuan (including 50 yuan printing fee); utility model patent application fee 500 yuan;
4. The design patent application fee is 500 yuan; the invention application review fee is 2,500 yuan.
5. To obtain and maintain a patent, apply People also need to apply for a number ofPay patent annual fees and other fees to the Patent Office within the year.
6. The Patent Office can charge certain fees (application fees, invention application review fees, invention application maintenance fees, reexamination fees and annual fees for three years after authorization Item 5) Implement mitigation measures for applicants with real difficulties. If the applicant is an organization, 70% of the above-mentioned costs can be reduced, and if the applicant is an individual, 85% of the above-mentioned costs can be reduced.
From the above, the editor of Legal Savior Network introduced to you the issues of applying for a patent, I believe everyone has a certain understanding. For patent applications, the relative process is relatively complicated, so if you want to apply, you can follow the above process, or directly entrust some application agencies to help process it. You should also pay more attention to the time to avoid deviations.