How to apply for an invention patent
1. The applicant provides original technical information and Personal (unit) information;
2. Entrust a patent agency and sign the entrustment Agency agreement, write a patent application document that meets the requirements of the patent law; if necessary, search it first;
3. Submit the patent application documents to the National Patent Office, obtain the patent application number, and pay the patent application fee as required;
4. After entering the preliminary review and passing the review, 18 months from the date of application, the Publish the invention patent application in the patent gazette and website; according to the applicant's request, you can also request early disclosure at any time within 15 months from the application date;
5. Enter the substantive review stage ; The applicant can file a substantive examination with the Patent Office at any time within 3 years from the date of application; he or she can also file a substantive examination after the patent application is published. If you file a substantive examination, you must pay the patent substantive examination fee according to regulations;
6. After substantive examination, the patent meets the practicality, novelty, and creativity of the invention. The patent right is granted and the payment is required. Patent application maintenance fees, annual fees, printing fees, certificate production fees, and obtaining an invention patent certificate; authorized invention patents will be announced.
7. The eugenic rights of those who use Sika's in-life separation to benefit from the yang should be based on the relevant circumstances of the industry's first request.
Conduct a more detailed investigation into whether the project to be applied for patent is patentable. Before making a decision on whether to file a patent application, you should have extensive information and a full understanding of the status of the existing technology. If the existing technology is non-proprietary or creative (or original), there is no need to file an application. Since the existing technology includes patent documents, non-patent documents, authoritative journals and monographs in the field, etc., as well as the current technological status of the same industry in China, there is no need to apply for the current technology. A comprehensive investigation of existing technologies is a very detailed and cumbersome task. Despite this, the investigation of existing technologies is still an indispensable link. Applicants should at least search patent documents, because patent documents contain the latest information at home and abroad. Technical information and relatively scientific classification methods can often provide greater help to applicants. In addition, the search and consultation center under the Patent Office also provides paid search services before applying for a patent. If the applicant has financial permission, this will naturally It is the fastest way to investigate existing technology.
It is necessary to carefully consider applying for a patent from the perspective of market economy. Application fees and examination fees must be paid to apply for a patent. If If you are approved, you will also have to pay patent registration fees, annual fees, etc. If you entrust a patent agency, you will also have to pay agency fees. This is a considerable investment. Applicants should be responsible for the possibility, scope and scope of the development of their invention and creation technology. Carefully predict and investigate the conditions of the technology market and commodity market in order to clarify the conditions for implementing and transferring the patent after obtaining the patent right and the possible economic benefits, and to clarify the possible market and economic losses caused by not applying for a patent. These are all applications Important factors that should be taken into consideration when deciding whether it is worth applying for a patent, what patent to apply for (invention, utility model or design) and when to file a patent application.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
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