How to apply for patents and patent subsidies in Fuzhou
Applying for domestic patents and patent subsidies must apply to the National Intellectual Property Bureau application. Applicants can entrust an agency to apply to the State Intellectual Property Office.
1. What is a patent?
Patents mainly refer to patent rights. It is an exclusive right granted to the applicant by the national patent authority in accordance with the patent law to implement his invention.
After patent rights are granted for inventions and creations, they are protected by patent law. Patent rights are not infringed. Anyone who wants to exploit a patent must obtain permission from the patent owner and pay royalties as agreed by both parties, otherwise it is an infringement. The patentee has the right to ask the infringer to stop the infringement; if the infringer suffers economic losses due to the infringement of the patent right, he can also ask the infringer to compensate. If the other party refuses, the patentee has the right to request the patent management agency to take care of itself or file a lawsuit in court.
Patent rights areA type of intellectual property, which is different from tangible property rights and is subject to time and geographical restrictions. The time limit of patent rights means that the patent right is only valid for a certain period of time. After the expiration of the period, the patent ceases to exist and anyone can freely use it. The geographical restrictions of patent rights are valid within the legal jurisdiction granted by one country and have no legal binding force on other countries.
Patents generally refer to invention patents internationally. In addition to invention patents, my country's patent law also includes utility model and design patents.
2. How to apply for a patent
To apply for a domestic patent, you must apply to the State Intellectual Property Office. Applicants can entrust an agency to apply to the State Intellectual Property Office.
To apply for a foreign patent, you must first apply for a domestic patent. Then entrust a state-designated foreign-related patent agency to apply for foreign patents.
3. Classification and protection period of Chinese patents
Chinese patents are divided into: invention patents and utility model patents and design patents.
Invention patents: protecting productsProducts, methods or improvements thereof, etc.; the protection period is twenty years.
Utility model patent: protects the shape and structure of the product or a combination thereof; the term of protection is ten years.
Design patent: protects the external shape, Surface pattern, color or combination thereof; protection period is ten years.
4. Necessary conditions for patent application
span>Whether it is new technology, new materials, new processes or new Products that apply for patents must have three characteristics: novelty, creativity and practicality. One point that must be emphasized is that new products that have been put on the market for sale after the grace period stipulated in the patent law have lost their novelty and cannot apply for patents again.
5. What procedures must be completed to apply for a Chinese patent
1. To apply for a patent, you must purchase a uniformly printed form. , the types of forms include: request, description, claims, abstract, description drawings, abstract drawings, design drawings or photos, brief description of the design, and fee mitigation schedule, etc. (The Provincial Patent Administration Bureau and the relevant patent departments of each city have available for sale).
2. Fill in the form according to the requirements stated on the back of the form. Write and draw relevant content. The filled in and drafted text must be typed or typed. If the inventor has difficulty in writing, he can ask a patent agency to represent him.
I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
