What documents need to be submitted for invention and utility model patent applications
my country's Patent The Law stipulates that when applying for an invention or utility model patent document, a request, description, drawings, claims and other documents should be submitted.
(1) The request is the applicant’s request for a patent A written document issued by an administrative department granting patent rights for an invention or utility model.
(2) Instructions and drawings. A description is a document that details the technical content of an invention or utility model. If there are drawings, there should be a description of the drawings. The accompanying drawings are used to supplement the text in the description, so that the public can intuitively understand each technical feature and the overall technical solution of the invention or utility model.
(3) The claim is a written document of the protection scope of the invention requested by the applicant and confirmed by the patent administration department.
(4) The abstract of the specification is a summary of the disclosure content of the specification. It should state the name of the invention or utility model and the technical field to which it belongs, as well as the technical problems that need to be solved. Main technical characteristics and uses.
The fundamental difference between invention patents and utility model patents
Inventions as mentioned in the Invention Patent Law refer to new technical solutions proposed for products, methods or their improvements.
(1) An invention is a new technical solution. A technical solution refers to a specific idea that uses the laws of nature to solve a specific technical problem in human production and life. It is a plan that uses natural laws and natural forces to produce certain effects. Technical solutions generally consist of several technical features. For example, the technical features of product technical solutions can be parts, components, materialsThe shape, structure, composition, size, etc. of materials, utensils, equipment, devices, etc.; the technical characteristics of method technical solutions can be processes, steps, processes, the time, temperature, pressure involved, and the equipment and tools used, etc. The interrelationships between various technical features are also technical features.
(2) Inventions are divided into two major types: product inventions and method inventions. Product inventions include all inventions made from items created by people. Method inventions include all methods that utilize the laws of nature, and can be divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing methods, testing methods or product usage methods. Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new additions to certain technical features
Selection, etc., as long as these combinations or selections produce new technical effects, they are inventions that can be protected by patents. Utility models as mentioned in the Utility Model Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. The similarity between a utility model and an invention is that a utility model must also be a technical solution, rather than an abstract concept or theoretical expression. The difference between utility models and inventions is that, first, utility models are limited to products with a certain shape. They cannot be a method, such as production methods, test methods, processing methods, application methods, etc., nor can they be products without a fixed shape. Products, such as medicines, chemicals, cement, etc.;
Second, the creativity requirements for utility models are not too high, but the practicality is strong. Article 2 of the "Patent Law" stipulates: "Inventions as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements." It refers to the invention created by the inventor's idea and using the laws of nature. New solutions to various technical problems.
Article 2 of the "Patent Law" also stipulates: "Utility models as mentioned in the Patent Law refer to adaptations to the shape, structure or combination of products. "A new technical solution for practical use", that is to say, a utility model patent proposes a new solution for the shape, structure or combination of machines, equipment, devices, appliances or devices, and the new solution can be manufactured industrially. Products that have practical value or practical use. Comparing utility model patents with invention patents,
Firstly, utility models are related to shape and have a narrow scope of protection;
The second condition is that the invention must have “outstanding substantive features and significant progress”, while a utility model only needs “substantial features”and significant progress" conditions. The level of creativity required for utility models is lower than that for inventions. Therefore, some people call utility model patents "small invention" patents, and patented utility models are called "small patents." "Patent Law" Patent applications for utility models stipulate simpler approval procedures than those for invention patents. In terms of fees, the various fees payable for applying for utility model patents are lower than those for applying for invention patents. The protection period of utility model patents is longer than that of invention patents. The protection period of patents is short.
Utility model patent application process
Utility model patent application is divided into application stage, review stage and authorization stage. The general time is about 6 months. The protection period of utility model patent is 10 years.
1. Application stage
Utility model application documents should include: utility model patent request, description, description drawings, claims, abstract and their Abstract with drawings. Utility model patent applications must have descriptions and drawings. If a patent agency is entrusted, a letter of authorization should be submitted. If the application fee is reduced, a request for fee reduction and corresponding supporting documents should be submitted.
2. Examination stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination process, the examiner A notice of correction will be issued to address the formal issues in the application documents. The applicant will make corrections in response to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will The examiner will issue a notice of examination opinion, and the applicant shall respond to the notice of examination opinion or make modifications to the application documents.
Utility model patents only undergo preliminary examination. There is no substantive examination like an invention patent application. The main examination is whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and includes examination of the following items:
Whether the utility model patent application obviously falls within the provisions of Articles 5 and 25 of the Patent Law, or is obviously inconsistent with Articles 18 and 25 of the Patent Law? The provisions of Article 19, Paragraph 1, or are obviously inconsistent with Article 31, Paragraph 1, Article 33, Article 2, Paragraph 3, Article 22, Paragraph 2 or Article 33 of the Patent Law. The four provisions on novelty and practicality; whether it is obviously inconsistent with Patent Law 26The Patent Office shall notify the applicant of the examination opinion, The applicant is required to state opinions or make corrections within a specified period; if the applicant fails to respond within the specified period, his or her application will be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the Patent Office still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
3. Authorization stage
(1) Authorization: After passing the preliminary review, review The Commission issues a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
In summary, we can clearly know that applications for invention patents and utility model patents need to provide relevant materials, including written request documents, instructions and attachments. Figures together with claims and abstract of description. If you have any other questions that are unclear, please consult the professional lawyers at the Legal Savior Network and they will answer your questions.
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